When you’re starting to drown between employee concerns, payroll duties and helping your CEO -- HR Insider is there to help get the logistical work out of the way.
Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
The Supreme Court Of Canada Will Hear The Asphalte Desjardins Case On The Issue Of The Employer’s Right To Waive The Resignation Notice Given By An Employee

Article by Valérie Korozs
Lavery De Billy

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.


1 2013 QCCA 484 (C.A.).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.