JCW

[Industrial Court – Frustration of Contract – Termination of contract of service due to work injuries] Alvin Lai was the counsel for the Respondent. This is a case involving a claim brought by the employee (Claimant) against the employer (Respondent) for the alleged wrongful termination of the employment contract. In this case, the Claimant was employed as the Sales Merchandiser of the Respondent. During the course of employment, the Claimant fell and suffered injuries when he was performing his duties in a supermarket. As a result, the Claimant was given a Certificate of Light Duties and medical leave for a period of more than 60 days and the Respondent had to employ a temporary worker to perform the Claimant’s duties. After a long period of not being able to work, the Claimant was subsequently terminated by the Respondent. The Court found that the Respondent had been very reasonable in allowing the Claimant for more than 60 days of medical leave and the Claimant had been given ample time to recover from his injury. The Court held that the contract of service had been frustrated as the Claimant could not perform his duties after his injury and that the dismissal of the Claimant is lawful.