The appellant employer appealed a trial decision finding it had constructively dismissed the respondent employee and rejecting its argument that the employment contract was frustrated by the employee's physical limitations.
The Court of Appeal upheld the finding that the contract was not frustrated, as the employee's limitations were temporary and could be accommodated.
However, the Court allowed the appeal in part, deducting damages awarded for the loss of use of a company tow truck and cellphone, finding they were work tools rather than personal employment benefits.
