The court referred to the test for frustration set down in Marshall and added: ‘This is a test to enable the court to determine whether the incapacity is of such a nature that it strikes at and destroys the root of the contract and thus the relationship of employer and employee, for it is only then that the contract is frustrated.’
Judges:
Sir Hugh Griffiths
Citations:
[1973] ICR 60
Citing:
Cited – Marshall v Harland and Wolff Ltd NIRC 1972
The doctrine of frustration can apply to contracts of employment. The Court looked at the situations in which it should extend time for an appeal to be filed: ‘Was the employee’s incapacity, looked at before the purported dismissal, of such a . .
Cited by:
Cited – James v The Greytree Trust EAT 17-Jan-1996
The tribunal was asked whether, due to incapacity, an employee has been dismissed, or his contract of employment frustrated. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 16 May 2022; Ref: scu.221579