Employee fired before first day of work awarded 6 weeks’ notice

Employer changed its mind but contract said probationary period started on employee's first day on the job
By David Master
|Canadian Employment Law Today|Last Updated: 10/11/2017

Sometimes, it becomes evident fairly quickly that a new employee isn’t going to work out. But can an employer decide that before the employee even starts work?

In Buchanan v. Introjunction Ltd., an employer retracted a written offer of employment about two weeks after it was signed, but prior to the employee’s first day of work. As a result, the employee commenced an action for wrongful dismissal.

Colton Buchanan, 27, was set to earn an annual salary of $125,000 with Introjunction — a federally incorporated company in the high-tech industry — held a certificate in new media design and web development and had been in the field of web design for more than five years. He was not recruited or solicited by Introjunction, although he did leave secure employment at a digital media company to join the company.