Nafanua owns a restaurant in Apia, Samoa. She employs two waiters, Vela and Auva'a. Nafanua had been
Question:
Nafanua owns a restaurant in Apia, Samoa. She employs two waiters, Vela and Auva'a. Nafanua had been paying them $US20 per hour under a contract of employment with each of them. Vela and Auva'a had, for several weeks beginning in July 2014, been asking Nafanua to give them an increase in their hourly rate of pay. Nafanua explained to them that she could not agree to a pay rise without first speaking to her accountant to see whether the business could afford it. Nafanua had arranged an appointment to see her accountant in early September. Vela and Auva'a became frustrated with Nafanua's refusal to consider their request. One Friday evening in early August 2014, during the busiest time of the week for the restaurant, Vela and Auva'a confronted Nafanua and told her that, unless she agreed to increase their hourly rate of pay by $US15 per hour, they would quit immediately, leaving Nafanua to serve the customers on her own. Nafanua agreed to their request without protest and promised to increase their pay. Satisfied, Vela and Auva's continued with their work on the Friday night. The next day (i.e. Saturday), Nafanua told Vela and Auva'a that it was not fair that they had threatened her in the way they had the previous evening. She said that she would not be paying the increased wages. Vela and Auva'a told Nafanua that she could not break her promise and, if she was not prepared to pay the increased wages, they would both resign. For the next six months, Nafanua paid Vela and Auva'a the increased rate ($US35 per hour) but told them each week that this was unfair to her because her accountant had advised her that the business could not afford to pay such high wages. Nafanua had been paying the extra $US15 per hour out of her own pocket.
Discuss whether Nafanua's promise to pay the increased hourly rate is legally enforceable?