What are the relevant factors for determining whether an employment contract has been frustrated?
British Columbia, Canada
The following excerpt is from Van Eyk v. Parker’s Autobody & Paint, 2018 BCHRT 201 (CanLII):
The relevant factors when considering whether an employment contract has been frustrated were established in Marshall v. Harland & Wolff Ltd., [1972] 2 All E.R. 715 (N.I.R.C.) [Marshall]. Those factors are: • the terms of the contract, including the provisions as to sickness pay; • how long the employment was likely to last; • the nature of the employment; • the nature of the illness or injury, how long it has continued, and the prospect of recovery; and • the period of past employment.
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