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 He has not responded to a follow-up question asking why their lawsuit was withdrawn.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None of the allegations in the lawsuit were tested in court, and the nanny had not filed a response by the time it was withdrawn.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
'I recognize these footsteps': How Trump and 'coyote' smuggling changed life at the border
Bent signs bolted to the rail threaten fines and imprisonment should violators cross the boundary into the United States, a warning many people are choosing to ignore simply by walking around the barrier.
She took a DNA test for fun. Police used it to charge her grandmother with murder in a cold case
According to court documents, detectives reopened the cold case in 2017 and then worked with a forensics company to extract DNA from Baby Garnet's partial femur, before sending the results to Identifinders International.
Danielle Smith announces new team to patrol Alberta-U.S. border
Premier Danielle Smith says her government will create a team of specially-trained sheriffs tasked with patrolling the Alberta-U.S. border.
Law firm warns $47.8B First Nations child welfare reforms could be lost with election
A legal review commissioned by the Assembly of First Nations is warning a $47.8-billion deal to reform the First Nations child welfare system could be moot if there's a change in government in the upcoming year.
Doug Ford says cutting off U.S. energy supply amid tariff threats a 'last resort'
Premier Doug Ford says that cutting off the energy supply to the U.S. remains a “last resort” amid the threat of a promised 25 per cent tariff on Canadian goods but he is warning that his government is ultimately prepared to use “every tool” in its toolbox “to protect the livelihoods of the people of Ontario.”
Housing unaffordability still rising despite billions in government measures: PBO
The Parliamentary Budget Officer says the number of households in need is still rising even though Canada is spending billions of dollars a year to address housing affordability,
Man who set fires inside Calgary's municipal building lost testicle during arrest: ASIRT
Two Calgary police officers have been cleared of any wrongdoing in an incident that saw a suspect lose a testicle after being shot with an anti-riot weapon.
Video shows moments before a plane crashes into a busy Texas intersection
Four people sustained non-life-threatening injuries after a small plane crashed into a busy intersection in Victoria, Texas, Wednesday.
Stanley cups recalled over 'burn hazard'
A recall notice is in effect for a selection of Stanley travel mugs, warning consumers to 'immediately stop using' them.