What is the effect of remaining in her position as a result of a change in terms of her employment agreement?

British Columbia, Canada


The following excerpt is from Wedding v. Motorola Canada Limited, 1999 BCCA 752 (CanLII):

The appellant concedes in her factum that, in the absence of any special circumstances, remaining in her position for eleven months would tend to support the conclusion that she had accepted the change in the terms of her employment and had implicitly agreed to continue under the new arrangement. In the appellant’s submission, however, there were special circumstances and, as in Mott v. Heywood Securities Ltd., supra, a commitment had been made by the employer to correct the repudiation of the employment agreement. The appellant argues that in view of the promotion she was promised and the responsibilities it was said to entail, she was entitled to wait and see if the respondent would honour its commitment to promote her to a position where she would exercise line of sight management over resources and profit and loss responsibility.

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