Frustration of contract occurs when an employee becomes ill, is unable to perform their job, is absent for an extended period of time and is terminated as a result.
At Jagtoo & Jagtoo in Toronto, we review all of the circumstances and facts of each particular case in order to determine whether an employment contract has been frustrated due to an employee’s illness and absence from work, justifying termination.
A contextual analysis must be undertaken to determine whether an ill employee’s absence from work constitutes frustration of contract. While an employer is entitled to terminate an ill and incapacitated employee after a period of absence from work for frustration of contract, employers should carefully consider the above factors before taking action, including whether the termination violates the Human Rights Code. Likewise, an employee that is terminated due to frustration of contract is well advised to seek legal advice from an experienced employment lawyer.
In order to obtain legal advice, please contact our office .