Undue Hardship
"Frustration of Contract in Employment Due to Employee Disability or Illness", as Tab 2 of The Law Society of Upper Canada's Continuing Professional Development program June 20, 2017 titled The Six Minute Employment Lawyer 2017
Contract law principles; frustration when no party to contract is at fault but the terms can no longer be fulfilled; discusses the cases in which an employee is absent and/or cannot work because of disability or illness lasting a long or unknowable amount of time; provides employers and employees with information on what tribunals have said on such matters.
"The Duty to Accommodate: When is the Point of Undue Hardship Reached?" First Reference Talks
The Board of Inquiry held that on-call weekend and overnight work was a bona fide occupational requirement and undue hardship is met, where the employer has made a good faith effort to accommodate the employee. The employee's proposed accommodation to his work schedule was found to be too great a burden on other teammates and the employers need to manage the workforce.