Employment contract not frustrated by disability

The company claimed that it could terminate a disabled worker because his disability frustrated the employment contract. The arbitrator disagreed, pointing out that the Canada Labour Code overrode the common law and the collective agreement and guaranteed him employment and benefit coverage.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 05/25/2012

A trucking company fired and then discontinued making benefit and pension plan contributions for a non-active worker 21 years after he sustained a disabling workplace injury.

J.S. worked for a trucking company as a lead hand on a loading dock. He was injured in 1989 when propane fuel leaked from a forklift. The liquid propane ran down his arm, collected in his glove and then flash froze his hand.

The injury necessitated the amputation of his arm below the elbow four years later. Though he was fitted with a prosthetic device, the company informed him it could not accommodate his disability.