Every little helps: permanent benefits, contract interpretation, and 'fire and rehire'

Alan Bogg, Douglas Brodie

Research output: Contribution to journalArticlepeer-review

4 Citations (Scopus)
17 Downloads (Pure)

Abstract

'Fire and rehire' describes a scenario where the employer proposes a modification of contractual terms and conditions and uses dismissal to elicit agreement from a reluctant worker. Ordinarily, contractual variation requires mutual agreement supported by consideration. Where the worker refuses to accept the proposed variation, in 'fire and rehire' the employer terminates the existing contracts with notice and then issues new contracts containing the revised terms and conditions. Either the worker refuses, in which case she is out of a job. Or she accepts the new contracts with revised terms, in which case the employer gets its way.
Original languageEnglish
Pages (from-to)246-272
Number of pages27
JournalIndustrial Law Journal
Volume52
Issue number1
Early online date24 Feb 2023
DOIs
Publication statusPublished - 26 Mar 2023

Keywords

  • fire and rehire
  • employment law
  • contract interpretation

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