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Jun 26, 2019 · Transitioning existing employees to new contracts, whether they be in writing for the first time or new written contracts with proper drafting, is tricky. In order for a contract to be valid, “consideration” must be given to the employee in exchange for their agreement to the terms.
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Aug 18, 2021 · It is settled law that an employer may transition an employee to a new contract without consideration by providing reasonable notice. In Farber [ 1997 CanLII 387 (SCC) ] , the Supreme Court of Canada made it clear that reasonable notice vitiates the concept of termination.
Sep 15, 2022 · According to an article from Minken Employment Lawyers, for a contract to be valid, there must have been an offer and acceptance, the contract and its terms must not be unconscionable or illegal, and there must be consideration – as in, a benefit for each party – for entering into the contract.
- Aidan Macnab
You’ve just been offered your dream job, and your new employer has handed you a contract that must be signed if you want the job. Should you sign? What difference can it really make? The short answer: Signing an Employment Contract, or even an offer letter, can
Sep 28, 2021 · We discuss in that chapter a variety of scenarios including (1) the situation in which the employer proposes an amendment and the employee agrees to the change, and (2) the situation in which the employee does not agree to the proposed amendment.
What happens if your employer decides to change the terms of your contract without your agreement? This could be a reduction in pay, a significant shift in job responsibilities, or a cut to benefits. If these changes are significant, it could be considered constructive dismissal.
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Aug 22, 2019 · Key Takeaways. The Court’s holding that a resignation breaks the chain of employment, even if it is rescinded prior to its effective date, is a favourable result for employers. Nonetheless, the need for fresh consideration will depend on the situation at hand.
