Hoekstra v Rehability Occupational Therapy Inc.
Employment Contract Frustration: Medical Leave and Termination
Summary
A case involving the termination of an employment contract due to the plaintiff's prolonged medical leave. The court found the contract frustrated as of October 19, 2016, and awarded termination and severance pay under the Employment Standards Act, 2000. The plaintiff sought aggravated and punitive damages but was unsuccessful. The court also awarded costs on a partial indemnity basis.
Outcome
plaintiff awarded termination and severance pay, but no aggravated or punitive damages, and costs on a partial indemnity basis
Award
termination and severance pay awarded under the Employment Standards Act, 2000
Key Factors
- frustration of employment contract
- termination and severance pay
- medical leave
- Employment Standards Act, 2000
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.