“Wrongful Dismissal Damages Awarded to an Employee with No Service” (!)

Lisa Carlson of Borden Ladner Gervais LLP (September 27, 2017) brings our attention to a BC case that may bode ill for employers:

“Most employers are aware of the general requirement to provide notice or pay in lieu of notice to an employee who is being terminated without just cause during the employment relationship. However, the B.C Supreme Court decision in Buchanan v Introjunction Ltd., 2017 BCSC 1002 (“Buchanan“) highlights that this obligation may arise even before the employee has worked a single day for the employer.”

The Court confirmed that absent an express contractual provision providing otherwise, an employee who is terminated without cause even before starting work is entitled to reasonable notice or pay in lieu thereof. There was a clause in the employment agreement providing for `a probation period of three months beginning on the Effective Date’ during which the employment could be terminated without notice.


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