Quitting and Returning One Year Later is a Break in Service;

In Shultz v. Prococious Technology Inc., dba,Cleardent, 2022 BCSC 1420, Justice Walken had a situation where an employee quit her job after 12 years for another job. One year later she returned to her former employer and was then terminated 2.5 years later.

Her new hiring letter did not directly address the issue of her past service, however the Court found that because there was a probationary clause and because her vacation entitlement was that of a new hire ( and not one reflective of her past service) , her seniority for purposes of notice was only 2 .5 years. The Court then determined that the proper notice period was 2 months .

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