Failure to Communicate During COVID Leave Is a Resignation

“We all know the situation is pretty critical outside. I have a family to take care of and I’m risking myself coming out every single day. I’ve decided to stay back and watch out for my kids. Thanks and ill keep you posted.”

That’s the message a grocery employee texted her employer at the start of the pandemic in March 2020. But instead of keeping the employer “posted,” she disappeared for 6 months. Although she never told the employer, she said she was planning to return to work in September but had to pull back upon learning she was pregnant. She finally resumed contact in December when she left the employer a Certificate for preventive withdrawal and assignment of pregnant or breastfeeding women (CRP) request that would allow her to return and work through May. But the employer figured she had already resigned and was no longer prepared to take her back. The employee claimed she was fired in reprisal for her CRP request but the CNESST tribunal didn’t buy it, concluding that the employee’s failure to communicate with the employer over such an extended period amounted to a resignation [Orellana c. 9021-7597 Québec inc. (Boucherie du Marché), 2021 QCCNESST 133 (CanLII), July 14, 2021].