Realistically, an employee won`t complain about an increase in wages or the flexibility of labor rules – but what if the proposals are less favorable? If workers oppose treaty changes, what are the possibilities available to the employer? 6. make available to staff an appropriate form of remuneration (e.g. B a signing bonus, options or an increased right to leave) in exchange for the necessary changes to the contract. If your new employer wants to change your contract, you need to get help from an experienced advisor or lawyer. Changes can be agreed directly between you and your employer or through a „collective agreement“ between your employer and a union. This may be allowed by your contract, even if you are not a member of the union. Vronko was in the third situation where his „firm opposition“ to the revised conditions was clear and not contested by the employer. Thus, when they saw that it was not willing to accept the revised agreement, the employer did have the choice to announce that the employment relationship would end two years later (unlike an amended agreement). The failure to do so in September 2002, when he obtained the two-year notice period for the amendment, meant that he was essentially employed permanently under the same conditions as before the provision of the contract of which he was aware.
In a recent decision applying the aforementioned framework, Lorenzo Russo successfully sued his 37-year-old employer, Kerr Bros. Limited, for damages, which had been created during his employment with the company. In other words, because the employer had unilaterally changed Russo`s employment (reduction of compensation), he was entitled to constructive dismissal. However, as he decided to remain occupied by the reduced salary, Russo`s right successfully pursued in court was the wage gap during the reasonable period of notice. In its decision in Russo vs. Kerr Bros. Limited (2010) ONSC 6053 (Ont. SCJ), the Court focused on the fact that there was „a fundamental change in the terms and conditions of employment as a resignation from the contract“ or, to use the current terminology, a constructive dismissal. Another scenario is that a potential employee signs a letter of offer and then has a long employment contract after having already worked. Many startups may have employees who want to keep them, but later decide that the contractual terms need to be changed under less favorable conditions. Whether you need help developing new contracts, reviewing and updating your existing contracts, or want to make changes, our employment law specialists can help you ensure that your contract documents are robust, compliant with the law and as protected as possible for your business.
If an employment contract does not mention the provisions relating to dismissal, the common law notice rules apply. . . .