In yet another decision arising out of COVID-19 fallout, the Ontario Small Claims Court reaffirmed for employers that an employee finding another job while on a temporary layoff does not constitute a resignation.
The decision involved employee Michelle Hurlbut, who successfully claimed wrongful dismissal against her former employer, funeral home operator Low & Low Limited.
Hurlbut was wrongfully dismissed, the court decided, because the employer failed to pick up on “signals” from her that the job she secured while laid off was “just a temporary attempt to bridge her financial needs until she was recalled” after the pandemic.
