Explain the test for frustration of contract and provide some examples of how it might arise in the employment setting.
Barbara suffered a neck injury that medical evidence confirms will forever prevent her from performing her job as a shelf stocker. However, she could return to work as a cashier, provided she could sit on a chair while she works. The employer refuses to take her back as a cashier and instead informs her that her contract has been frustrated by her disability. Barbara is not a unionized employee. Do you think Barbara’s contract has been frustrated under the Common Law?
In what circumstances can an employee’s behaviour outside of the workplace and during non-working hours be grounds for summary dismissal?
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