Since the employees will be entitled to reasonable notice of dismissal, the employer can not simply have the employees sign
revised employment contracts with a new termination clause.
Employers seeking to have their employees sign
revised employment contracts should first consult a qualified labour and employment lawyer to ensure that the proper procedure is followed.
Employers can not simply revise the termination clause in the employment contracts of their current employers, tell their employees to sign
the revised employment contracts, and expect that a court will enforce the revised clause.
For
the revised employment contracts to be enforceable, the employer will be required to provide new consideration.
In 2008, due to the company's uncertain future and the consequent risk to Mr. Allen's continued employment, Ainsworth
revised his employment contract to improve the provisions governing his severance.
A court is unlikely to enforce the new termination provision because
the revised employment contract will lack the necessary consideration to form a legally binding contract.
Not exact matches
To protect the business interests of our health care clients, the firm's attorneys regularly draft, review,
revise, and negotiate vendor
contracts,
employment agreements, non-competition agreements, leases and other documents which govern the essential relationships of health care clients.
Of Canada3 In Belton, the Court of Appeal considered whether the employees» refusal to acknowledge the employer's right to make changes in the compensation plan contained in the
contract of
employment justified the employer's dismissal of the employees who refused to sign the «new» agreement containing the
revised compensation plan.
It is often too late for an employer to amend a poorly drafted
employment contract after it has been accepted by the employee because a court will refuse to enforce the amended
contract unless the employee with new consideration such as a bonus or promotion when he or she accepted the
revised contractual terms.
A major problem faced by employers whose current
employment contracts contain termination clauses silent on the subject of mitigation is that they can not simply have their current employees sign new
employment contracts containing a
revised termination clause.
She regularly drafts and
revises personnel manuals, employee handbooks,
employment policies,
employment contracts, non-competition and separation agreements.
Darryl also drafts and
revises a wide variety of labour and
employment documents, including
employment contracts,
employment policies and procedures, collective agreements and human rights documents (including discrimination, harassment and accommodation policies).