How to amend an employment contract

Consideration is required to form a contract and it is also required to amend one – but what constitutes consideration?
By Stuart Rudner
|Canadian Employment Law Today

This is the second of a three-part, in-depth series on constructive dismissal by Stuart Rudner. Look for the next article in issue #401 of Canadian Employment Law Today.

In the last article, I discussed the first of two ways an employer can change the terms of an employee’s contract of employment without triggering a constructive dismissal: the unilateral imposition of amended terms upon the provision of reasonable notice. Now it’s time to look at the second way: amendment of the employment agreement through negotiation.

At first blush, this may sound simple. But the reality is many employers don’t do it properly. The end result is that the “improved” contract they think they have negotiated may not be enforceable.