The Commission has heard of cases where employees are given the opportunity to avoid termination by choosing to voluntarily leave employment. A court or tribunal may find that employees who quit because they refuse to endure a poisoned work environment have been constructively dismissed. If a person resigns because of discriminatory practices, the employer needs to take steps to address and prevent such practices.

The fact that an employee has resigned does not shield an employer from liability for any discrimination that person may have experienced in the workplace. a) Resignation and constructive dismissal They can help employers determine whether discrimination, harassment or a failure to accommodate were factors in an employee leaving. It would not be acceptable for the employer to take this into account and decide not to keep her on staff when her probation ends.Ī best practice is for employers to use anonymous exit surveys or exit interviews to get feedback from employees who leave, resign, are laid off or whose employment is terminated. This consideration applies even if employees are dismissed during a probationary period or are not retained at the end of a probationary period.Įxample: An employee asks for time off as an accommodation of her family status and disability-related needs during her three-month probation period. In all of these, a key consideration is to make sure that the end of the employment relationship is not linked to, based on or tainted by discrimination.

There are many instances when it will be appropriate and non-discriminatory for an employment relationship to end, whether through termination, layoffs, surplus decisions, early retirement or an employee’s resignation.

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