frustration of contract

Three popular articles this week on HRinfodesk

October 24, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, 0

The three popular articles this week on HRinfodesk deal with working from home, frustration of contract and why employees leave companies in search of other employment.

employment law, frustration of contract, frustration of employment contract, termination, working from home

Resignations: employers saddled with burden to investigate

September 25, 2019 Devan Marr Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, 0

When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an employee’s failure to return to the workplace after his disability benefits were denied amounted to voluntary resignation or abandonment of employment.

employment law, frustration of contract, older employees, older long service employees, resignation, Return to work, short-term disability, voluntary resignation

Frustration of contract can be resolved by summary judgment – Does not require a trial

September 16, 2019 Sean Bawden Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, 0

Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated?

Disability benefits, employment law, frustration of contract, Long-term disability, short-term disability, wrongful dismissal

“Desire to Work” is not enough: Appellate court upholds dismissal for frustration of contract

September 6, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, 0

The decision in this case makes it clear that it is not enough for an employee with a disability to merely inform his or her employer of a desire to return to work. The employer’s duty to accommodate will only be triggered when the employee provides the employer with evidence of his or her ability to return to work, including any disability-related needs or restrictions.

disability accommodation, duty to accommodate an employee with a disability, employment law, frustration of contract, intention to return to work, Katz et al v Clarke

Ontario superior court confirms that frustration of contract is a two-way street

March 15, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee.

Dismissal, employment law, frustration of contract, termination of employment

A primer on undue hardship and frustration of contract

August 29, 2017 Matt Lalande, Lalande & Company Lawyers Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

This blog post provides a primer on the state of undue harship and frustration of contract under Ontario’s Human Rights Code.

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Frustration of contract

January 8, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

The concept of frustration of contract continues to frustrate employers as we enter the year 2016. Unfortunately, many employers confuse their own frustration with absent employees with frustration at law.

contract of employment, contract of employment has been frustrated, Disability benefits, duty to accommodate the disabled worker, employment agreement, employment contract, employment law, employment relationship, frustration of contract, long-term absence, medical leave, return to work in the foreseeable future, termination, Termination Pay and Severance Pay, terminations, undue hardship

Employee whose contract is frustrated by terminal cancer entitled to termination and severance pay

October 26, 2015 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

It is clear from the relevant statutory and regulatory provisions under the Employment Standards Act, 2000 that an employee whose contract is frustrated on account of illness or injury is entitled to both termination pay and severance pay.

2000, contract is frustrated on account of illness or injury, critical illness, employment contract, employment law, employment standards act, Frustration in employment law, frustration of contract, HR Law, Long-term disability, Return to work, Severance pay, Terminating employment based on frustration of contract, termination pay

New human rights decision provides guidance on frustration of contract

March 4, 2014 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations

We are often asked by our clients how long one of their employees has to be off work before it can justifiably take the position that an employment relationship has been “frustrated”. Employers often wonder this because when an employment relationship is frustrated, the employee is not entitled to common law notice or pay in lieu of such notice [1]. So, how long does it take? 1 year? 18 months? 2 years? 5 years?

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Myths and misunderstandings regarding employees on leave

December 1, 2011 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits

As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…

accommodation, Costco, Disability, Disability benefits, disability insurance, disability management, downsizing, duty to accommodate, eligibility for disability benefits, employment law, frustration of contract, Leaves of absence, maternity leave, medical evidence, medical leave, ongoing absence, parental leave, pregnancy leave, Return to work, right-sizing, terminating employee on leave, termination, undue hardship, wrongful dismissal

Undue hardship – myth or reality? Learn the latest!

June 6, 2011 Adam Gorley Conferences, Human Resources, Human Rights

Every employer has experience accommodating employees due to their religion, family needs, health or disability. Accommodation is a necessary practice to manage a workplace today, and it’s the law in Canada, enshrined in the Canadian Human Rights Act and various provincial statutes. But every case of accommodation is different, and interpretations of the law vary.

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Dealing with a disability leave

May 14, 2010 Christina Catenacci Human Resources, Human Rights

What can an employer do when an employee has been off work for a significant period of time due to a disability (illness or injury)? How long must the employee remain employed with the employer under human rights law? These are questions often asked by employers and human resources professionals.

Absenteeism, accommodating a disability, accommodation, chronic absence, Disability, disability leave, disability management, duty to accommodate, frustration of contract, Honda v. Keays, human rights, point of undue hardship, terminating a disabled employee, termination, undue hardhsip