In the absence of
any specific contractual language (there was express language in the agreements at issue in Bertico), the court found the franchisor had an implicit duty, as a result of a duty of good faith and loyalty towards its franchisees, to provide them with technical support and co-operation in a manner that would ensure that the underlying considerations of the franchise agreement remained relevant.
A court will consider the nature of the employment relationship, the
specific language used in the employment contract and the significance of the unilateral change before deciding whether to enforce the
contractual clause.