23 Nov 2010
A WORKER V A FARMER CA552/2009
- Citation
- openlaw-d3ff2dd1_f6a3_452d_b678_4decb9cfe43f.pdf
- Court
- Court of Appeal
The Judge erred in finding frustration: although the employer genuinely believed continuation was intolerable, the correct inquiry required examination of the contract's terms (including statutory procedural protections) and whether further performance was impossible or radically different; because the statutory processes could have been followed and it is conceivable the relationship might have been resolved, frustration did not apply and the matter must be remitted to the Employment Court to determine whether any dismissal was justifiable under s103A of the Employment Relations Act 2000.