Chargement...
  • (514) 694-0013 [EXT. 224]

Quebec (Commission des normes du travail) v. Asphalte Desjardins inc. [2014] 2 S.C.R. 514

Issue: When an employee gives the employer a prior notice of resignation, can the employer terminate the employee before said notice?  Complete Decision.

Decision: The Supreme Court held that the 3 weeks advance notice of resignation given by the employee did not have the effect of immediately releasing the parties from their respective obligations under the contract.  If the employer prevents the employee from working and refuses to pay him or her during the notice period, the employer is terminating the contract unilaterally without giving sufficient notice of termination thereby defaulting on its obligation under art. 2091 C.C.Q.