Sunday, December 31, 2006

Q. Are outdated employment terms enforceable in court?

A. Original contract provisions can be outgrown.

According to the Ontario Court of Appeal in Wallace v. Toronto-Dominion Bank, [1983] O.J. No. 2969 (Ont. C.A.):

Certainly, there are readily imaginable cases where an employee's level of responsibility and corresponding status has escalated so significantly during his period of employment that it can be concluded that the substratum of an employment contract entered into at the time of his original hiring has disappeared or it can be implied that that contract could not have been intended to apply to the position in the company ultimately occupied by him.

In many cases, arguable that employee outgrew original contract terms over past years of advancing employment, raises, promotions, responsibility, and changing circumstances overall.

No comments: