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Frustration of Contract

“How Far is Too Far?” Termination and Accommodation of Disabled Employees"

Jurisdiction: - Alberta

Alberta lawyers Donald J. Wilson, Jonathan Cummings and Wendy-Anne Berkenbosch, of Davis LLP prepared/presented a paper on “How Far is Too Far?” Termination and Accommodation of Disabled Employees" for the CBA Pensions and Labour Joint Subsection Meeting on October 27, 2008.

The paper addresses the following topics:  read more »

"Attendance Management Guide"

Law firm Hicks Morley has published a comprehensive "Attendance Management Guide" that addresses the range of legal issues an employer must consider/address when managing attendance problems. 

"Severance Pay and Valuing Disabled Employees Past Contributions and Investments: O.N.A. v. Mount Sinai Hospital"

Jurisdiction: - Ontario
Sector: - Health Care

Elizabeth J. McIntyre and Archana Mathew from Toronto law firm Cavaluzzo Hayes Shilton McIntyre & Cornish LLP have prepared a paper entitled, "Severance Pay and Valuing Disabled Employees Past Contributions and Investments: O.N.A. v. Mount Sinai Hospital" (June 2005).

The paper summarizes the Ontario Court of Appeal's decision in Ontario Nurses' Association v. Mount Sinai Hospital, 2005 CanLII 14437 (ON C.A.), in which the court  ruled that the denial of severance pay under the Ontario Employment Standards Act to disabled employees/employees whose employment contract was frustrated was discriminatory and unconstitutional. 

"Termination Of The Employment Contract When An Employee Is Absent From Work Due To An Illness Or Disability"

Timothy J. Delaney, a Vancouver lawyer, has written a paper entitled, "Termination Of The Employment Contract When An Employee Is Absent From Work Due To An Illness Or Disability" (undated). The paper addresses the following two topics in a comprehensive manner:

  • frustration of the employment contract; and
  • assessing damages for the wrongful dismissal of an ill or disabled employee.

"Managing Disability and Absenteeism in the Workplace"

Ontario lawyers Elizabeth Keenan & Sheri Farahani have written a paper entitled, "Managing Disability and Absenteeism in the Workplace" (undated). The paper addresses the following topics:  read more »