Français Information Services Decisions/ Judgments/ Articles of interest
- Commission sur les normes du travail et Asphalte Desjardins inc. 2010 QCCQ 7473
The Quebec Court ratifies the Commission’s submissions on labor standards, namely that an employee who resigns and to whom the employer asks to leave the premises, is then to be dismissed with all the rights that it gives him.
- Asphalte Desjardins inc. c. Commission sur les normes du travail 2013 QCCA 484
The Court of Appeal overturns the judgment of the Court of Quebec. Essentially, the Court considers that a resignation can not become a dismissal and that the employer is entitled to waive the notice given by the resigning employee.
- Commission sur les normes du travail c. Asphalte Desjardins 2014 CSC 51
The Supreme Court overturns the Court of Appeal and upholds the Commission’s submissions on labor standards.
- Paul Sylvestre c. Distribution zone électronique inc. 2017 QCTAT 3655
Employee Sylvestre resigns with eleven (11) months notice. The employer asks him to leave the job after three (3) months. The Labor Board (TAT) considers that the resigning employee is then dismissed; that there is no just cause for dismissal and that the Board does not have to decide on the reasonableness of the notice given by either the employee or the employer. The TAT then requires the employer to pay the employee for the full eleven (11) months.
- Distribution Zone Électrique vs Paul Sylvestre 2018 QCCS 1305
The employee that resigned with an eleven (11) months notice: final judgment.
- 2018 “Horribilis year” for real estate agent (see analyse et commentaires (french))