question archive Find the decision of the Alberta Labour Relations Board in Josta Plywood Sales Ltd
Find the decision of the Alberta Labour Relations Board in Josta Plywood Sales Ltd
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Find the decision of the Alberta Labour Relations Board in Josta Plywood Sales Ltd. v Tracy Lind, 2020 CanLII 32308 (AB ESU). The issue to be determined by the Appeal Body was whether the Respondent had quit her employment or whether the Appellant had terminated her employment.
What did the Appeal Body decide?
Select one:
a. An employee who voluntarily resigns has not been dismissed and has no remedy through a wrongful dismissal claim. The Order of the Officer was thus overturned.
b. It is plain, subjectively, that the Respondent did not intend to resign. However, from an objective perspective, leaving work without authorization demonstrated she quit, thus the Appeal Body determined no termination is payable.
c. The Appeal Body was not satisfied that the Respondent clearly and unequivocally quit her employment with the Appellant. Thus, the conclusion of her employment was deemed to be a termination and termination pay under the Employment Standards Code is owing to the Respondent.
d. The Appeal Body was satisfied that the Respondent quit her employment with the Appellant. As there was no termination by the employer, termination pay is not payable under the Employment Standards Code.
