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On Friday last my employee had a fit and walked off the job after verbal abuse in front of custermers. Today Monday she turned up with her resignation citing problems in the workplace and collected her things and walked out. This all stemmed from the fact that approx. ain April I let her go to work for another employer as we were slow and I could manage.A few weeks later she told me that she was taking two weeks more off to work again for this employer and she would not compromise. She was a good employee and I told her she could take her two weeks holiday to do this. She would not take her holidays. Any way we sat down to talk this through and she decided it was in her best interest to tell the employer she would not be able to cover for them.. A week later that is Friday she came in and told me she was taking her holidays to do this as the Supervisor told her she was obligated to do so. I rolled my eyes and that is when she took a fit and etc etc. Am I obliged to accept this resignation on Monday or consider her terminated as of Friday due to the walk off the job and insubordination.
Thanks Graham

Thank you for your question. If the employee is the one that decided to discontinue in her role with the Company, unilaterally, then it is a resignation and the Company would have no further obligations to her. That said, she could take the position that she has been constructively dismissed and seek severance from the Company. I would also strongly encourage you to call us and set up a free consultation with one of our employment lawyers so that they can fully discuss this matter/concept with you.

I would encourage you to visit the severance pay calculator our firm has developed to see what she may be owed if successful in a claim for constructive dismissal (www.SeverancePayCalculator.com).
Lior Samfiru
Direct Tel (Toll Free): 1-855-821-5900     Email: lior@stlawyers.ca     Web: www.stlawyers.ca
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