B.C. parents file lawsuit against Irish nanny for quitting on short notice, withdraw claim

In this file image, people line up to be screened to enter the British Columbia Supreme Court in Vancouver, B.C. on Monday, Sept. 30, 2013. (Jonathan Hayward / THE CANADIAN PRESS)

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 He has not responded to a follow-up question asking why their lawsuit was withdrawn.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.