Is there a fresh consideration element required when an employment contract is amended?
British Columbia, Canada
The following excerpt is from Moffatt v Prospera Credit Union, 2021 BCSC 2463 (CanLII):
This Court in Krieser v. Active Chemicals Ltd., 2005 BCSC 1370 [Krieser], set out the three steps of analysis to determine if there is a fresh consideration element required when an employment contract is amended, at para. 24: First, did the Contract contain new terms which were detrimental to the plaintiff? Second, if it did, what is required at law to provide adequate consideration for such changes to the employment relationship? Third, has the defendant established adequate consideration on the facts here?
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