Employment Law Issues (9:V): Difference between revisions
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→16. Frustration of Contract
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Frustration normally arises in cases of long term disability where the employee has been off work for 1 or 2 years. Courts will consider whether the worker is likely to be able to return to work in the reasonably foreseeable future, see ''Hydro-Quebec v Syndicat des employe-e-s de techniques professionnelles et de bureau d`Hydro-Quebec'' (2008 SCC 43) and ''Naccarato v Costco'' (2010 ONSC 2651). | Frustration normally arises in cases of long term disability where the employee has been off work for 1 or 2 years. Courts will consider whether the worker is likely to be able to return to work in the reasonably foreseeable future, see ''Hydro-Quebec v Syndicat des employe-e-s de techniques professionnelles et de bureau d`Hydro-Quebec'' (2008 SCC 43) and ''Naccarato v Costco'' (2010 ONSC 2651). | ||
If the employee suffers a serious, permanent, debilitating illness or injury, this could frustrate the contract; see ''Wightman Estate v 2774046 Canada Inc'', 2006 BCCA 424. However, note that in any case where an employee is dismissed due to a disability, there may be a case at the Human Rights Tribunal; the employer must have a bona fide occupational requirement that cannot be met by the employee due to their disability, and the employer must follow a proper process to attempt to accommodate the employee, in order to avoid liability. See [[ | If the employee suffers a serious, permanent, debilitating illness or injury, this could frustrate the contract; see ''Wightman Estate v 2774046 Canada Inc'', 2006 BCCA 424. However, note that in any case where an employee is dismissed due to a disability, there may be a case at the Human Rights Tribunal; the employer must have a bona fide occupational requirement that cannot be met by the employee due to their disability, and the employer must follow a proper process to attempt to accommodate the employee, in order to avoid liability. See [[Introduction to Human Rights (6:I) | Chapter 6: Human Rights]] for additional details. | ||
If an employer validly terminates a contract on the basis of frustration, they are not required to provide severance. | If an employer validly terminates a contract on the basis of frustration, they are not required to provide severance. | ||