Court Awards Wrongful Dismissal Damages Before Employee Even Commenced Work

Bottom Line

In Kim v BT Express Freight Systems, the Ontario Superior Court of Justice recently awarded a Plaintiff three (3) months' notice in a wrongful dismissal action where the employer rescinded an offer of employment before the Plaintiff had begun working in their new position.

Background

The Plaintiff accepted a job offer from the Defendant organization, BT Express Freight Systems, in February of 2019. The Plaintiff then informed their existing employer that they had accepted employment elsewhere and resigned.

In March of 2019, days before the Plaintiff was scheduled to start the position with BT Express, the general manager of BT Express informed the Plaintiff that the organization was "terminating/withdrawing" the job offer. The Plaintiff's former employer had already filled the Plaintiff's old position.