On September 5, 2013, the Supreme Court of Canada allowed the
motion for leave to appeal filed by the Commission des normes du
travail against the decision rendered in March 2013 by the Court of
Appeal of Québec in the case of Commission des normes du
travail v. Asphalte Desjardins inc.1
In this decision, the Court of Appeal confirmed the right of an
employer to waive the resignation notice given by its employee.
According to the Court, the effect of the employer's decision
to waive such notice is the immediate termination of the employment
relationship without any requirement to pay to the resigning
employee a termination notice or the salary to which he or she
would have been entitled for the remainder of the notice
period.
Canada's highest court will be called upon to rule on an
interesting labour relations issue.
We will keep you informed of any further developments in this
matter.
Footnote
1 2013 QCCA 484 (C.A.).
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