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 language | English |
|---|---|
| Pages (from-to) | 246-272 |
| Number of pages | 27 |
| Journal | Industrial Law Journal |
| Volume | 52 |
| Issue number | 1 |
| Early online date | 24 Feb 2023 |
| DOIs | |
| Publication status | Published - 26 Mar 2023 |
Keywords
- fire and rehire
- employment law
- contract interpretation