When will an employee be found to have abandoned their employment? In the recent decision of Hettrick v Triple F Paving, the Ontario Superior Court of Justice dealt with this oft-asked question.
frustration of employment contract
I started my legal career in September 2008, which coincided with an unprecedented economic collapse. I received a crash course in recession-related legal advice. I advised clients about everything from quick fixes to Hail Mary attempts to support their workers and save their businesses. But it wasn’t until the last few weeks that I had to dust off my old playbook and again discuss these urgent, drastic measures with my employer clients. Some of these measures include:
The decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits.