B.C. parents file lawsuit against Irish nanny for quitting on short notice, withdraw claim
Two parents filed a lawsuit in B.C. Supreme Court last week seeking damages from their former nanny, alleging she quit on short notice and "never said goodbye to the children."
In response to an interview request from CTV News, the father, Vancouver-based lawyer David Aaron, said his family is not going forward with the civil claim. He has not responded to a follow-up question asking why their lawsuit was withdrawn.
Employment lawyer Lia Moody said B.C. workers are rarely sued for resigning without ample notice, as there’s little financial incentive for employers to do so.
“Wrongful resignation isn’t really a thing, and that’s because the damages are so minor,” Moody said.
'Tenderly bond' with nanny
The family’s lawsuit alleged the nanny, identified as an expat from Ireland, broke a contract she signed in September, in which she agreed to care for their young children, ages two and four, until early December.
She initially provided her services – Monday to Friday from 8:30 a.m. to 4:30 p.m., at a rate of $20 an hour – before abruptly quitting on Sunday, Oct. 20, according to the claim.
While giving her resignation, the nanny cited an incident from two days prior, when she had been sent home early.
The nanny told Aaron she “thought she might be coming down with a cold” that Friday, and he responded by asking that she “excuse herself” to avoid getting the children sick, per the family’s claim.
Aaron said he communicated the request to the nanny “in a manner that was caring, courteous and professional," and the family promptly paid her after receiving an invoice that evening, which included a paid sick day.
The nanny’s decision not to return left the parents “without the ability to attend to their vocational responsibilities, with a resulting loss of opportunity to earn professional income and meet their financial commitments,” according to the lawsuit, which sought both general and punitive damages.
The parents also said their children had formed a “tenderly bond” with the nanny in the five weeks she worked for them, and that her departure left them “abandoned in relation to a child-care provider with whom they had … an expectation of ongoing care and connection.”
None of the allegations in the lawsuit were tested in court, and the nanny had not filed a response by the time it was withdrawn.
Contract terms key, lawyer says
Unlike some provinces, B.C. does not require employees to give a set amount of notice before quitting their jobs – but that doesn’t necessarily mean they have no obligations to their employers.
Some companies include a minimum notice period in their contracts, Moody warned, which would make quitting on the spot a breach of the agreed-upon terms.
“If there is no contract, there’s still going to be a common-law obligation for employees to provide reasonable notice,” the lawyer added.
But crucially, employers hoping to recoup damages in court related to a worker's resignation must prove that damages were actually suffered.
“Employees have the right to quit,” Moody said. “So unless the employer incurs a significant amount of expense to find a replacement in a short period of time, they’re just not going to be able to establish damages – and so the whole point of the lawsuit would be fruitless.”
Those damages must also be above and beyond what the employer saved by not paying the worker’s salary, Moody added.
“Nine times out of 10, the damages incurred are zero dollars,” she said.
Avoiding backlash for quitting
The employment lawyer told CTV News she’s unaware of any successful court cases for “wrongful resignation” in the province, but that workers who want to avoid the stress of a potential lawsuit can still help protect themselves by giving one or two weeks’ notice before quitting.
If that’s not possible – perhaps because the employee has already accepted another job offer and is starting soon – they can offer to help their former employer through the transition period, Moody said.
The offer could be as simple as providing a testimonial for future job applicants.
“That will help optically in any sort of defence against a damages claim,” Moody said.
The lawyer also stressed there are some situations – such as an employer harassing their employee in the workplace – that remove any obligation to provide advanced notice before leaving.
CTVNews.ca Top Stories
BREAKING Canada expands list of banned firearms to include hundreds of new models and variants
The Canadian government is expanding its list of banned firearms, adding hundreds of additional makes, models and their variants, effective immediately.
LIVE UPDATES Anger, vitriol against health insurers filled social media in the wake of UnitedHealthcare CEO's killing
The masked gunman who stalked and killed UnitedHealthcare CEO Brian Thompson used ammunition emblazoned with the words 'deny,' 'defend' and 'depose,' a law enforcement official said Thursday. Here's the latest.
Man wanted for military desertion turns himself in at Canada-U.S. border
A man wanted for deserting the U.S. military 16 years ago was arrested at the border in Buffalo, N.Y. earlier this week.
'At the dawn of a third nuclear age,' senior U.K. commander warns
The head of Britain’s armed forces has warned that the world stands at the cusp of a 'third nuclear age,' defined by multiple simultaneous challenges and weakened safeguards that kept previous threats in check.
These foods will be hit hardest by inflation in 2025, according to AI modelling
The new year won’t bring a resolution to rising food costs, according to a new report that predicts prices to rise as much as five per cent in 2025.
The National Weather Service cancels tsunami warning for the U.S. West Coast after 7.0 earthquake
A 7.0 magnitude earthquake shook a large area of Northern California on Thursday, knocking items of grocery store shelves, sending children scrambling under desks and prompting a brief tsunami warning for 5.3 million people along the U.S. West Coast.
Pete Davidson, Jason Sudeikis and other former 'SNL' cast members reveal how little they got paid
Live from New York, it’s revelations about paydays on 'Saturday Night Live.'
Alleged Alberta Bitcoin extortionist, arsonist arrested
Authorities have arrested Finbar Hughes, a man wanted in connection with alleged plots in Calgary and Edmonton that threatened to burn victims' homes if they did not pay him Bitcoin ransoms.
Patrick Brown says foreign interference did not affect Tory leadership race outcome
Brampton Mayor Patrick Brown said foreign interference did not tip the scales in the Conservative party's last leadership race that installed Pierre Poilievre at the helm.