resignation-notice

[Conner Lantz]

#91095

I received a resignation notice from an employee on October 27.23 stating last working day is January 3.24. The employee has preapproved vacation booked Dec 18-22. The office closes between Christmas and New Years, these non statutory days are paid and have no impact on an employees vacation or lieu time. Can the Ontario employer amend the resignation date to December 15.23 as there is no operational need for the employee to work 2 days in January? Thank you

[Conner Lantz]

#91096

Here you go, courtesy of Alan McEwan. An employee giving notice has no impact on the requirement for the employer to provide notice under section 54 of the ESA. In other words, given the timelines here it might be possible for the employer to give notice of termination as of December 15, 2023.

[Conner Lantz]

#91099

Good question. I don’t have enough expertise to answer this question, so I’m referring it to an outside payroll consultant. I’ll let you know as soon as I hear back from him. Thanks for your patience.

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