Key Points:

• Parties: Allan Stonham (Plaintiff) vs. Recycling Worx Inc. (Defendant)
• Background: Allan Stonham filed a wrongful dismissal action against Recycling Worx Inc. (RWI) after the company considered him to have resigned due to his absence from work without contact for three consecutive days, in accordance with the company's Employee Handbook.
• Issues: The primary issues were whether Stonham resigned or abandoned his employment, and if not, whether he was wrongfully dismissed and entitled to damages.
• Court's Findings:
  • Resignation Clause: The court found the Employee Handbook's resignation clause to be ambiguous and not binding on Stonham. The clause was insufficient to deem Stonham's absence as a resignation.
  • No Resignation or Abandonment: The court determined that Stonham did not resign or abandon his employment. His absence was due to medical reasons and a desire to return to work as soon as he was able.
  • Wrongful Dismissal: The court concluded that Stonham was wrongfully dismissed without reasonable notice.
• Damages: Stonham was awarded a 2.5-month reasonable notice period and $11,250 in damages, plus pre and post-judgment interest.

Conclusion:

The court's decision emphasizes the importance of clear, unambiguous employment policies and the need for employers to consider the specific circumstances surrounding an employee's absence. In this case, Stonham's absence due to medical reasons and his expressed intention to return to work did not constitute resignation or abandonment of employment, leading to a finding of wrongful dismissal.