Currently, separate entities will only be treated as one employer if they have also acted in manner which has the intent or effect of defeating the purpose of the ESA. (labourandemploymentlaw.com)
But he can not act in a manner inconsistent with his nature. (religion-online.org)
As well, acting in a manner inconsistent with the agreement over time can render the agreement more likely to be changed by the court. (macleanfamilylaw.ca)