The employer was entitled to a notice of resignation

Following the resignation without notice of two deliverymen and a cook, the employer filed a claim for loss of income and absence of a notice of resignation. After the lunch service, these employees decided to close the restaurant before the scheduled time and left without coming back. Their resignation, which resulted from a general dissatisfaction regarding their work conditions, did not constitute a serious reason allowing them to resign without providing a notice, especially since their dissatisfaction was never mentioned to the employer. Their decision to leave and close the restaurant before the scheduled time constitutes an abuse of rights which must also be compensated. However, the employer’s claim must not be based on the indemnity that would have had resulted from a two-week notice of resignation and on the estimated losses, but on the actual losses incurred. This period is set at one week given the nature of the jobs held by the employees and their reduced work experience with the employer.

9345-4569 Québec inc. (Chez Jim Pizza) c. Martel
2021EXPT-1738, 2021 QCCQ 8609, juge Christian Brunelle