Man who didn't accept job offer before it was rescinded won't be compensated 4 weeks' pay: B.C. tribunal

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A B.C. man won't be compensated wages for a job that he never worked, a local tribunal ruled.

Sherif Elbishlawi claimed the equivalent of four weeks' salary – or $4,200 – for an IT instructor position at Sterling College, according to a B.C. Civil Resolution Tribunal decision published Wednesday. Elbishlawi filed the dispute after being offered the IT position, only to have the offer rescinded before he formally accepted it.

The tribunal heard that when Elbishlawi was offered the position, he requested a written letter be sent to him with full details. Before that letter was sent, Sterling College decided to hold off hiring for business reasons. Tribunal member Shelley Lopez wrote in her decision that it's undisputed Elbishlawi never did work for the college and wasn't its employee.

Most of the claim centres on correspondence about a written offer. Lopez writes that Elbishlawi sent an email to someone at the college, thanking them for the offer.

"I infer the interview and offer over Zoom occurred earlier that day. Mr. Elbishlawi wrote, 'I’m interested in pursuing this opportunity and would appreciate it if you send me the written offer. And please let me know if you have a specific timeframe in which you need me to reach a decision,'" Lopez said in her decision.

Elbishlawi was then told a written offer would be sent to him in a few days. Six days later, he followed up to ask if the letter was on its way, indicating that he wanted to make a decision about the job that week. That same day, Elbishlawi got a response, the tribunal heard, saying the college had decided to hold off on hiring.

"While Mr. Elbishlawi says he gave up other job interviews following (the offer) over the Zoom call, I find Mr. Elbishlawi’s own evidence showed that he was undecided about Sterling’s offer," Lopez wrote in her decision.

"I find there is no evidence Mr. Elbishlawi ever accepted Sterling’s employment offer, as instead he said he wanted a written offer to consider and that he would make a decision within about a week."

Lopez ultimately dismissed Elbishlawi's claim, saying Sterling College wasn't bound by its offer made over Zoom because Elbishlawi didn't accept it before it was withdrawn.