Other Contract Terms
What of Other Terms The decided line of cases inevitably has originated from the push and pull of the respective parties on the issue of a pre-determined contractual severance…
How Much of a Change is Required ?
The test required is to show a fundamental or substantive change. In this respect, it is similar, if not identical, to that required, in concept, in a constructive dismissal argument,…
The Change was Contemplated
The foundation of a substratum argument is the change in the terms of the employment relationship was unexpected. The corollary then will be that this plea cannot succeed when the…
Substratum
Unforeseen Change in Responsibilities The essential theory of this argument is that the existing employment agreement, and hence the severance term contained therein, was not intended to apply to the…