Frustration of contracts frustrating for HR

It’s possible to terminate a worker who can’t come back to work – but it’s not easy
By Peter Straszynski
|Canadian HR Reporter|Last Updated: 01/05/2010

Managing disability in the workplace remains one of the most challenging areas of employment law for managers, HR professionals and lawyers alike. A common — and difficult — question is how long can an employee be off work due to illness or injury before an employer can safely terminate the employment relationship without liability?

Absence from work due to legitimate illness or injury is non-blameworthy conduct and will never constitute just cause for dismissal. There are circumstances, however, where an absence due to disability can frustrate the employment contract.

What is ‘frustration?’