Ben J. Hahn
Sep 7, 2018 · 1 min read

Although, the heat of the moment can sometimes be a mitigating factor. Consider Kerr v. Valley Volkswagen, 2015 NSCA 7 (CanLII), par. 17–18.

“ …In short, I find that Mr. Turner offered his resignation … in the heat of the moment and after a difficult weekend and workday Monday. The resignation was not immediately accepted, and it was suspended when Mr. Henderson called Mr. Turner …to ask that he meet … to sort things out. … At the … meeting Mr. Turner effectively took his verbal resignation off the table. From that point on, Mr. Turner consistently indicated that he had no intention of leaving the company. The offer to resign was retracted before it was accepted.

“[18] …an employee may revoke an offer of resignation before it is accepted, particularly so if the offer is made in the heat of the moment.”

Ben J. Hahn

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Ben J. Hahn is an Ontario civil litigation and employment lawyer — bhahn@onlawadvice.com; @OnLawAdvice; www.onlawadvice.com

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