Safety & HCM Post

Frustration of Contract Is “Self-Induced”

A casino table games dealer returned to work after a debilitating shoulder injury but could no longer do her old job. The casino assigned her modified duties and told her to apply for a permanent job within the organization. And she tried, applying for about 20 different jobs with the casino, including ones she had done before to positive reviews. But she got only 3 interviews and 0 offers. After 2 years the casino fired her for frustration of contract. But the court was having none of it. Losing the capability to be a table dealer need not have ended the employment relationship especially since the dealer had proven her ability to do other available work effectively. If there was any frustration of contract, it was “self-induced,” the court concluded [Milloy v. Complex Services Inc., 2018 ONSC 3590 (CanLII), June 7, 2018].

Bongarde Editorial

Bongarde Editorial

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