Does an employee's three-year absence from work amount to
frustration of contract; or, does it constitute wrongful dismissal
and a breach of human rights legislation? The challenging
issues at stake in this type of situation were raised in the recent
case of Boucher v. Black & McDonald Ltd.
The plaintiff was a business development representative who
worked for the defendant. The defendant is involved with
controlled heating, ventilation, HVAC and boilers.
The plaintiff went on a maternity leave in June 2010. The
maternity leave was followed by a medical leave which lasted until
the fall of 2013. In the interim, there were a number of
dates of possible return to work. Due to various
circumstances, the plaintiff did not return. However, in her
evidence, it seemed clear that she felt by September 2013 that she
would return to work before year end. A graduated return to
work was proposed to start on or about November 11,
2013. However, the plaintiff was advised
