A sudden resignation: the employer also has a right to a notice of termination of employment

Release date: June 1st, 2016

An employer operating in the field of pharmaceutical research launched a damage suit for some $25 000 against his former biometrics director. According to the employer, the ex-employee, who held an essential position, did not give sufficient notice of his resignation, in addition to abusing his right to terminate his employment contract, giving the employer a mere week’s notice and refusing the employer’s request to extend that period. According to the judge, the one-week notice was not a reasonable notice period. In addition, the judge confirmed that terminating a contract in order to cause harm to the other party is no more acceptable coming from an employer than from an employee. In the case at hand, the judge came to the conclusion that the employee wanted to harm the employer and sentenced him to pay him $8 000 in damages. 

Ethica Clinical Research Inc. v. Le Gall, DTE 2015T-390, 2015 QCCQ 3708, Justice Jean-F. Keable


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