{"componentChunkName":"component---src-templates-blog-post-ts","path":"/employment-agreements-cannot-be-changed-unilaterally/","result":{"data":{"site":{"siteMetadata":{"title":"Clausehound Blog","author":"Joshua Koudys"}},"markdownRemark":{"id":"4c9b0461-338a-59cd-8d5b-b7937815eda5","excerpt":"An employer in the United Kingdom repeatedly tried contacting an employee while such employee was on leave, with no avail. The employer was then informed by…","html":"<p>An employer in the United Kingdom repeatedly tried contacting an employee while such employee was on leave, with no avail. The employer was then informed by their human resources department that this employee was not required to respond to calls while on such leave. After learning this, the employer attempted to unilaterally change employment contracts to vary hours of work, compensation/overtime structure, and employee’s on-call availability while they were on leave or vacation. The employer argued that such amendments to the employment contract meant that an employee’s failure to provide on-call duties was sufficient grounds for the employee’s dismissal. </p>\n<p>However, the commission dealing with the wrongful dismissal claim raised by the employee, agreed with the employee and stated that “Employees are entitled to annual leave without interruption.”</p>\n<p><a href=\"http://www.smartcompany.com.au/people/industrial-relations/43490-employee-asked-to-be-on-call-during-annual-leave-wins-unfair-dismissal-case.html#\" target=\"_blank\" rel=\"nofollow noopener\">Read the article here.</a></p>\n<p><strong>Take away:</strong></p>\n<ul>\n<li>Employment agreements cannot be changed unilaterally. It is essential to ensure that all amendments made to an employment agreement are in writing and executed by all parties.</li>\n</ul>","frontmatter":{"title":"Employment Agreements Cannot Be Changed Unilaterally","date":"September 22, 2015","description":"This article explains why employment agreements cannot be changed unilaterally.","author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal","bio":"Rajah Lehal is Founder and CEO of Clausehound.com.  Rajah is a legal technologist and technology lawyer who is, together with the Clausehound team, capturing and sharing lawyer expertise, building deal negotiation libraries, teaching negotiation in classrooms, and automating negotiation with software.","image":{"childImageSharp":{"fluid":{"base64":"data:image/jpeg;base64,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","aspectRatio":1,"src":"/static/d7bbad08c257f3987a4a5710553e9e17/bdd4d/Rajah.jpg","srcSet":"/static/d7bbad08c257f3987a4a5710553e9e17/2b9ee/Rajah.jpg 80w,\n/static/d7bbad08c257f3987a4a5710553e9e17/e5d64/Rajah.jpg 160w,\n/static/d7bbad08c257f3987a4a5710553e9e17/bdd4d/Rajah.jpg 320w,\n/static/d7bbad08c257f3987a4a5710553e9e17/6e63d/Rajah.jpg 400w","sizes":"(max-width: 320px) 100vw, 320px"}}}},"tags":["Employment Agreement","Amendment","Human Resources","Rajah"]}}},"pageContext":{"slug":"/employment-agreements-cannot-be-changed-unilaterally/","previous":{"fields":{"slug":"/going-from-an-owner-to-an-employee-in-the-sale-of-a-business/"},"frontmatter":{"title":"Going From an Owner to an Employee in the Sale of a Business","tags":["Termination","Employment Agreement","Human Resources","Rajah"],"author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal"}}},"next":{"fields":{"slug":"/stanford-loses-patent-battle-because-researcher-signed-visitors-confidentiality-agreement-when-visiting-a-private-lab/"},"frontmatter":{"title":"Stanford Loses Patent battle Because Researcher Signed Visitor’s Confidentiality Agreement When Visiting a Private Lab","tags":["Consulting Agreement","Ownership of Work Product","Ownership of Intellectual Property","Human Resources","Rajah"],"author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal"}}}}}}