Referring to the test set out in Marshall: ‘That is helpful, but one needs to know in what kind of circumstances can it be said that further performance of his obligations in the future will be possible? It seems to us that an important question to be asked in cases such as the present – we are not suggesting that it is the only question – is: ‘has the time arrived when the employer can no longer reasonably be expected to keep the absent employee’s post open for him?”
and ‘Among the matters to be taken into account in such a case in reaching a decision are these: (1) the length of the previous employment; (2) how long it had been expected that the employment would continue; (3) the nature of the job; (4) the nature, length and effect of the illness or disabling event; (5) the need of the employer for the work to be done, and the need for a replacement to do it; (6) the risk to the employer of acquiring obligations in respect of redundancy payments or compensation for unfair dismissal to the replacement employee; (7) whether wages have continued to be paid; (8) the acts including the dismissal of, or failure to dismiss, the employee; and (9) whether in all the circumstances a reasonable employer could be expected to wait any longer.’
Judges:
Phillips J
Citations:
[1977] ICR 260
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. . .
Cited – Williams v Watsons Coaches Limited EAT 1990
‘A number of principles relevant to the application of the doctrine to contracts of employment can be derived from these decisions which, in any event, are rare occurrences in the realm of employment law.
First, that the court must guard . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 30 April 2022; Ref: scu.221581