In earlier posts
here and
here, we discussed attendance management policies. When an
employee is absent for a sufficiently lengthy period, an employer
may eventually rely upon the legal doctrine of
"frustration", and terminate employment. (A similar
concept for union employees is known as "innocent
absenteeism".)
The doctrine of frustration of contract operates as a complete
defence to wrongful dismissal (breach of contract) claims and human
rights complaints in British Columbia. If an employee is
absent from work for a long enough time due to disability, the law
may recognize that their employment contract is at an end, through
no fault of either party. The employee can simply no longer
work. In determining this, the courts or a human rights
tribunal will ask whether the disability prevents the performance
of the essential functions of the employee's job for a period
of time sufficient to say that, in a practical or business sense,
the object of employment had
