The employer moved for a permanent injunction restraining an employee from committing alleged breaches of non-competition and non-solicitation.
The Superior Court and Court of Appeal considered the wrongful dismissal claim of a contractor who later became an employee.
The Ontario Divisional Court clarified an employers’ duty to accommodate employees where there is frustration of contract.
Due to a significant decision recently released by the Ontario Court of Appeal, your employment agreements will likely need to be re-drafted.
The Ontario Superior Court confirms frustration of contract “occurs as a matter of law” and does not require an act of the employer to trigger it.
As employees realize they can do remote work without having to go in to the office, “working from home” is no longer just an occasional perk.
Employment contracts are always an excellent way to establish the terms of an employment relationship for both the employee and the employer.
Given the unforeseeable long-term effects of COVID-19 on businesses, some employers may wonder about the ‘frustration’ of an employment contract.