Job Abandonment

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

Call:(416) 921 7997 Ext. 225     Email:srball@82scollard.com

STACEY REGINALD BALL

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Job abandonment occurs when an employee fails to show up to work as expected, and is deemed by the employer to have abandoned their post

THE CONTRACT OF EMPLOYMENT

​The Level of Abandonment

Accordingly, the employer can avoid paying any severance as if the employee had resigned. However, there must be an unequivocal indication of the employee’s intention to abandon a position before the employer can be relieved of their obligations. The test is whether, viewing the circumstances objectively, a reasonable person would have understood from the employee’s words and actions that they had abandoned the contract of employment. Only then can the employer be relieved of their obligations.Given the particular facts of a case, an employer may actually have a duty to clarify the situation with an employee prior to termination. See Pereira v. Business Depot Ltd. (2011), 93 C.C.E.L. (3d) 74 (B.C.C.A.) and Koos v. A & A Customs Brokers Ltd. (2009), 73 C.C.E.L. (3d) 236 (B.C.S.C.). An action that rises to the level of abandonment in one case may not equal abandonment in another. There is no hardline rule for the allowable length of an unexcused absence from work. For example, in one case the courts weighed the fact that an employee was willfully disobedient of a direct order to be present on a given day for an important sale. In another case, the employee was on medical leave.

The employee did not communicate directly with her employer during this medical leave, but her lawyer was communicating on her behalf. This did not count as job abandonment. The courts will generally take health issues and reasonable explanations for absences into consideration when determining if an employee has abandoned a job. Employers should be careful of prematurely treating employees as abandoning their jobs. The employee can challenge the employer and claim they have been wrongfully dismissed. Employers should take reasonable steps to demonstrate that they attempted to contact the employee to warn them about the consequences of failing to report to work without a legitimate excuse. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice with an employment issue, please contact the experts at Ball Professional Corporation.

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CLIENT REVIEWS

“ Stacey Ball is the ultimate in employment lawyers. He got me an excellent settlement and I referred him to fellow long term employees whom I know were very happy in their outcome. I cannot recommend him enough; his name alone will give you clout. This is the guy who wrote the book. He is the best. ”
- John Cunningham, Toronto, ON

“ I was strongly advised by another client to see Stacey Ball. At the initial consultation I found Stacey to be very candid, honest and confident. He was very knowledgeable and upfront about reasonable expectations. He acted quickly on my behalf, which resulted in a fair settlement. I would recommend Stacey to anyone who wishes to use a pro, who knows the law, and is the best employment lawyer in the business. ”
- Todd Kemp, Oshawa, ON

“ I would highly recommend Stacey Ball as an employment lawyer. He was honest, hard working on my behalf and obtained an excellent settlement. I found him to be the top and best employment lawyer I could have obtained. ”
- Lou T. Richmond Hill, ON

“ Stacey Ball is the best employment lawyer you can have on your side in Toronto. There is no employment lawyer representing employees with a stronger track record than him. In my experience, he gets the results that meet your needs, even against the most stubborn employers. Had I not gone with Stacey, I would have gotten nothing because that was what my employer insisted on until he intervened on my behalf. He is the best and top employment lawyer. ”
- James Yu, Toronto, ON

“ I first used Stacey over a decade ago to review personal and business employment contracts. Stacey is arguably the best employment law lawyer in both Canada and south of the border. His intimate knowledge of the law is second to none. He is readily available for any situation which requires a quick, frank and authentic response. I would highly recommend him for both individuals and organizations alike.​ ”
- Antoinette St. Angelo, V.P. & Director of Production Services, Toronto, ON

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