Take two steps back before quitting. You could end up with nothing
Mark worked as a lead carpenter for a small company that built, maintained and opened and closed seasonal cottages north of Parry Sound. He had been there for eight years.
Part of the terms of his employment were that he was provided with accommodation. A storage facility had been converted into lodging by the owner and for the first two years Mark said it was no Taj Mahal but it was livable. Eventually it was not.
He told the boss the building was a dump and he couldn’t live in it. He wanted new accommodations. The boss said that wasn’t possible because there was nothing else available other than a tent. The boss said he would repair any issues but Mark didn’t communicate any specific concerns that could be acted upon.
One day the boss arrived to pick up Mark and another colleague for the day’s work and found Mark packing his stuff. Mark said he was “done” because his accommodations were unacceptable and the building should be condemned. Mark mentioned he would stay if he got a big raise and a housekeeper. The boss declined. Mark asked if he was going to get severance since the company was shutting down a few months later due to the owner’s retirement. The answer was no.
Mark did not go to work that day and the following day he returned to his home in northern Ontario. Mark missed a few more days of work and then sent a text message to the boss asking “So what’s going on with new lodging, is it happening or not?” The boss replied that Mark’s actions and statements had indicated he had quit, including asking for a severance, removing his property and leaving town. Apparently, Mark had also told others he was moving back to northern Ontario. Mark replied he had told the boss about the accommodation problem but nothing was done and he never said “I quit.”
In order for it to be found that somebody has resigned their employment they must make a statement or express an intention to quit or commit an act clearly manifesting that intention.
This matter eventually ended up before the Ontario Labour Relations Board. It acknowledged that Mark had never said “I quit,” but had told his boss he was leaving if his accommodations weren’t improved or unless he got a big raise and a housekeeper. Mark then refused to work and started telling others he was moving back to northern Ontario. He skipped three days of work before sending a text asking about the accommodation and never retracted the demands he made in exchange for continued work.
The board found Mark had quit and was entitled to nothing. Mark had not been constructively dismissed because no unilateral changes had been made to the terms of his employment. His failure to communicate specific concerns with the accommodations, which the employer had volunteered to address, was likely the clincher in this case. The employer had no opportunity to fix the problem since Mark was uncommunicative.
When people are in the throes of a difficult situation at work and are feeling attacked, beleaguered and unappreciated, it feels like a clear constructive dismissal to them. How could anyone not agree that they had the right to walk out the door? It is crucial to take at least two steps back before you make the ultimate decision to withhold your labour. You could end up with nothing like Mark.
This article was originally published by The Hamilton Spectator.
