Hello, this is a complex answer, but I will try and break it down for you.
A frustrated contract occurs when an employer is attempting to dismiss an employee who is no longer active at work due to illness or injury. This is a challenging task because the employer is governed by common law and legislative restrictions that may limit the employer's ability to act.
Innocent Absenteeism is long-term or can be caused by mental or physical illness. The illness or injury can occur at or away from the workplace. If an employee is no longer able to provide services to the employer due to a disability which appears to be permanent, the contract of employment may be said to have become "frustrated".
For an employer to terminate you for frustration of contract, they must meet all over the following conditions:
- the terms of the contract, including the provisions as to sickness pay;
- how long the employment was likely to last in the absence of sickness;
- the nature of the employment;
- The nature of the illness or injury and how long it has already continued and the prospects of recovery; and the record of past employment.
An employer may also terminate a disabled employee without just cause by providing the employee with reasonable notice or pay in lieu thereof. This can only be done so long as the reason for the dismissal is not the employee's disability, as in such a situation the employer would be exposed to a complaint under the Human Rights Code. In assessing the employee's entitlement to notice, the employer must consider the employee's age, length of service, level of responsibility, salary and circumstances for recruitment.
Diabled and employees on LTD must be treated equally.
I am not sure what you mean by "dismissal". You can appeal the decisons of your employer through the Court system. If, indeed, your employer terminated you the conditions of your disability or your age (o other discrimation factors) you should contact: the Worker's Safety Insurance Act, the Human Rights Code and The Employment Standard Act. It seems to be that they violated some of your rights in the Human Rights Code.
Here's the link to the agencies I mentioned:
I hope you feel better and this information is helpful! Thank you!