In Consbec v Walker et al ( 2016 BCCA 11 ) a 5 year employee employed as an estimator should have given one months notice of his resignation instead of walking out immediately and going to work for a competitor.
However the Employer failed to prove any damages as it did not show that it would have incurred any significant different expenses if the departing employee would have given the required notice. Moreover this added expense has to be reduced by the savings that the employer utilized by not having to pay the departing employee’s salary for the one months notice that he failed to give.
The damages for a wrongful resignation are not the costs of replacing the employee but rather the extra costs incurred because the employee did not give reasonable notice of his or her resignation.
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