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Employment Ultimatum Leads to Wrongful Dismissal

Whitten and Lublin | Jul 04, 2011

The difference between a termination and a resignation seems pretty obvious, but in case you missed the memo from HR, you cannot fire an employee and view them as having resigned. 

In an article written in the Metro, Daniel Lublin tells the story of Peitro Saladini, an overnight supervisor at Affinia Canada Corp.  Saladini was an exemplary employee, whose hard work and dedication was rewarded with a promotion to the daytime shift. 

When the work load increased, Paladini was told his shift would change, and he was to take on more responsibility without a pay increase.  Initially, he agreed, but began to feel that he was being taken advantage of.  When Saladini approached his boss and protested the change, he was told that if he failed to report to his new shift, the company would consider him as having resigned.   

Saladini sued for wrongful dismissal and won.  Lublin explains that, “Canadian courts are loath to uphold resignations proffered under circumstances of pressure or an ultimatum and instead will usually find that the employee had been fired.”

If you have recently resigned under pressure or an ultimatum, you may be entitled to severance you never received.  Contact Whitten and Lublin to learn more about your rights and entitlements.