Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded?
British Columbia, Canada
The following excerpt is from Waddell v. Cintas Corp., 1999 CanLII 5161 (BC SC):
In Wallace v. TD Bank, the court found that the substratum of the employment contract had not been so eroded so as to make the contract ineffectual. However, the case is factually distinguishable from the case at bar since in that case the plaintiff did not attain a level of senior responsibility and his position on leaving the defendant bank commanded a lower ranking on the bank’s scale than the position he held on entering its employ.
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