When does an employee not need to provide notice period in resignation?
An employee is entitled to lawfully terminate his or her employment at common law and for the purposes of the National Employment Standards (NES) without providing the employer notice and treating himself or herself as being discharged from obligations of further performance of a contract of employment (referred to as a summary termination) if the conduct of the employer constitutes a repudiation of the employment contract by the employer’s breach being sufficiently serious so as to allow the employee to regard herself or himself as discharged by operation of law from further performance of her or his obligations.
Of course this is the virtual reverse of an employer’s rights to terminate the employment of an employe without notice or pay in lieu for serious misconduct justifying summmary dismissal.
The NES do not contain a minimum period of notice of effective resignation which must be provided by an employee to an employer but enterpriose agreements, common law contracts of employment generally do, as do many policiers and procedures of employers which may be binding upon employees.
See Macken’s Law of Employment 8th ed at 8.70 and the cases there cited.