Canada: "Give Me A Raise Or I’ll Quit": Has The Employee Resigned?

It can be surprisingly difficult for an employer to rely on statements such as “I quit” to establish that an employee resigned, particularly if the employee later indicates that they want to return to work. Courts require proof of a clear intention to resign in order to find that an employee terminated their employment. While the statement “I quit” may seem clear, courts will inquire into the circumstances in which the statement was made […]

By | February 17th, 2015 ||

UK: Fit For Work – Is It Fit For Purpose?

According to a 2014 report by the Office of National Statistics, in 2013, 131 million working days were lost due to sickness absence in the UK. Although this represents a slight decline in numbers, it still remains disproportionately high. Successive governments have recognised this issue and have sought to take steps to assist employers. In 2010, the traditional GP’s note was replaced with a ‘Statement of Fitness for Work’. The idea behind the statement […]

By | February 17th, 2015 ||

Canada: Administrative Suspension: Paid Or Unpaid?

For a long time, there hasn’t been any debate about an employer’s right to use temporary suspension without pay as a disciplinary measure. There have been many decisions dealing with administrative suspension, however. The question continues to be relevant: can an employer who, to protect his business’s interests, administratively suspends an employee accused of a crime until there is a verdict, avoid the obligation to pay the employee’s salary if the employee remains available […]

By | February 17th, 2015 ||