Recent Ontario case shows termination isn’t always possible even after years of absence
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.
