Difference between revisions of "Employment Law Issues (9:V)"

Once a job offer is made and accepted, a contract is in place (though as discussed above, it may be unwritten).  In order to change the terms of the contract after it is in place, there must normally be fresh consideration flowing from each party to the other.  Consideration in contract law is the benefit one party receives from another as a result of entering into a contract with another party.  This means that to change an existing contract, the new contract must contain a new benefit for both the employer and the employee. Because of this, an entire written contract might be invalid if the contract was imposed on the employee after they had already accepted the job offer: the employee would already have a contract, and the written contract would need to have some new benefit, or “fresh consideration”, for the employee.  Compare the signature dates on the written contract to the actual start dates, to determine if there is an argument that the contract is unenforceable for lack of consideration.

As this ''Toca'' case is relatively new, a note up of employment law cases referencing or applying ''Toca'' will be important to an analysis under this topic.  For example, recently, in obiter in the case of ''Quach v. Mitrux Services Ltd.'', the BCCA commented that ''Rosas v. Toca'' may not apply in the employment context or act to “change the authority of ''Singh'' in the nuanced world of employer and employee contractual relationships.”