Employment and Labour Law Reporter Publishes an Article by Edward O’Dwyer on Contract of Employment Frustration and the Duty to Accommodate
Hicks Morley’s Edward O’Dwyer authored an article in the Employment and Labour Law Reporter titled “Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered.”
This article discusses the recent decision on Katz et al. v. Clarke, 2019 ONSC 2188, by the Ontario Divisional Court, where the Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action. The decision involves important principles relating to frustration of contract and the duty to accommodate a disabled employee. The Court found that the employee’s contract of employment was frustrated and the duty to accommodate had not been triggered.