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Can an employee take back their intention to retire?

This was the question asked in English v. Manulife Financial Corporation, 2018 ONSC 5135 (English). In this case, English, a 66-year-old employee decided to retired when her employer, Manulife Financial Corporation, announced in 2015 that they would be converting their technology and employees would be required to learn a new system. She made this decision on her own and voluntarily. English presented her resignation letter to her boss on September 22, 2016, which stated that she would retire, effective December 31, 2016.

The Employer’s Response

When presented with her resignation letter, English’s boss asked her if she was sure about resigning. He also told her that if she changed her mind she could take back her resignation. English left the meeting with the impression that she could change her mind about her decision.

On October 11, 2016, Manulife announced that it was suspending the technology conversion. This announcement did change English’s mind about retirement. She verbally told her boss that she wished to rescind her notice of retirement. Her boss said nothing in response.

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