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ARTICLE · 03 DECEMBER 2025

A Cautionary Case Against Two-Step Employment Offers

Roper Greyell LLP
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Sui v. HungryPanda Tech Ltd., 2024 BCSC 1856 serves as a warning to employers who make initial employment offers before issuing formal contracts.

CanadaEmployment and HR
Donna Chapman-Jones
Donna Chapman-Jones
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Sui v. HungryPanda Tech Ltd., 2024 BCSC 1856 serves as a warning to employers who make initial employment offers before issuing formal contracts.

In that case, the B.C. Supreme Court held that a written employment contract containing new restrictive terms was unenforceable due to a lack of fresh consideration.

Facts

Before hiring Xing (Vincent) Sui, HungryPanda Tech Ltd. exchanged e-mails with him about the terms of his employment. It sent Mr. Sui an offer outlining key terms, including job title, place of employment, start date, salary, days of work, stock entitlements and probationary period. One of its e-mails stated, "After your confirmation, we will provide you with an official employment agreement for your signature."

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