Is there a contractual power to relocate employees?
In a recent decision involving the confectionary company Darrell Lea [3], the Court held that a contractual power to relocate employees is limited to the extent that an applicable Enterprise Agreement places conditions on the relocation of employees.
Can a collective agreement be used to relocate an employee?
A relocation provision will not be so ‘obvious that it goes without saying’ where it is not permitted by a Collective Agreement [1]. Even if the employment contract does not expressly empower an employer to relocate an employee, a company policy can be considered as part of the contract by incorporation [2].
Can a contract be silent on the matter of relocation?
Where the contract is silent on the matter of relocation the employer may be able to rely on an implied term of ‘obedience’ in refuting alleged repudiation.
When is relocation so obvious it goes without saying?
In other words, the relocation is ‘so obvious it goes without saying’ [7] – such as a relocation where the employer’s primary workplace has been destroyed or rendered unusable. A relocation provision will not be so ‘obvious that it goes without saying’ where it is not permitted by a Collective Agreement [1].
What happens if you sign a relocation contract?
Imagine that you signed a relocation contract with your employer that said they would cover your moving costs up to $10,000. So, you hired a moving company, moved across the country, and incurred a lot of expenses, based on the belief that you’d be handed a check for $10,000 at the end of it.
What are the terms of an employee relocation agreement?
Employer agrees to pay Employee a relocation allowance in the NET OR GROSS amount of $ DOLLAR AMOUNT (“Allowance”). In consideration for such relocation allowance, Employee agrees to remain employed full-time with Employer as a JOB TITLE in the DEPARTMENT NAME for 18 months (“Full- Time Commitment”).
Can a company hire an outsourced relocation company?
They may need to move cities or even overseas to work for you. This is where an employee relocation plan – also often referred to as “global mobility” or “corporate relocation” – will come into action. Many companies hire an outsourced relocation company to help with the process. What is Employee Relocation?
Can a company require an employee to relocate?
If there’s any chance that the requirement to relocate may not be welcome to the employee, the employer must tread carefully. Relying on an express or implied term in the contract without regard to the impact on the employee is likely to amount to a breach of trust and confidence,…