Worker can rescind hasty resignation

Both subjective and objective tests must be met; employee did not have true intention to leave his job.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 02/04/2011

Having already quit once in a huff only to return to work after a few days, a postal worker grieved when his employer accepted his second spontaneous resignation a couple of months later. The union argued that the employer’s unwillingness to allow the worker to rescind his second resignation amounted to a termination.

Employed initially by a contractor who provided services to the post office, E.E. secured part-time mail delivery work with the post office. In August 2009, he became a full-time mail carrier on a rural route.

E.E.’s employment record indicated a number of performance issues, mostly concerning mis-sorted mail — he had the highest number of complaints in the depot.