Non-Compliance With Mandatory Vaccination Policy May Frustrate Employment Contract

In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario applied the doctrine of frustration to uphold the termination of the employment contract of an employee, who refused to comply with a mandatory COVID-19 vaccination policy imposed on an employer by a client providing over 99% of the employer's work.

Facts

The Plaintiff, Croke, worked as a systems technician with VuPoint. VuPoint provided satellite television and smart home installation services on behalf of Bell. Bell provided more than 99% of VuPoint's annual income. Through his employment with VuPoint, Croke had only performed work for Bell. Other than Bell's work, VuPoint did not have any other work for Croke.