In the event you are terminated, does your contract act in your best interest? Is the termination clause clear and unambiguous, and therefore enforceable? A recent case, Amberber v. IBM Canada Limited, illustrates the importance of thoroughly reviewing your employment contract, or having someone with expertise review it for you.
What happens if your responsibilities and remuneration change so dramatically over the years that the fundamental nature of your employment is no longer the same? Are you still tied to your initial employment contract, including whatever notice and severance is found within, or do your entitlements change? A legal concept that helps answer these questions is known as the “changed substratum doctrine”.
We all know the conventional ways that an employment contract can be terminated, such as a resignation, or with or without cause. Another way is by frustration of contract. Frustration of an employment contract is when the employee becomes unable to fulfill the fundamental duties and responsibilities of their position through no fault of their own.