Disability-related dismissals can be frustrating

Recent Ontario case shows termination isn’t always possible even after years of absence
By Nikolay Chsherbinin
|Canadian Employment Law Today|Last Updated: 09/22/2010

Employees are expected to perform work in exchange for pay. When an employee fails to attend work due to a permanent illness or disability, an employer may be justified in terminating the employment without liability. Termination of employment in such a case is not based on “just cause,” but rather “frustration” of the employment contract, which can happen due to illness, incapacity, imprisonment, deportation or bail conditions.