Key Takeaways for Employers: Transparency Matters: The WRC noted that the employee failed to inform the company of the trial or the sentence as a matter of common courtesy. Not Every Dismissal Requires a "Process": While fair procedures are usually mandatory, a "frustrated" contract effectively ends by operation of law because the employee is physically unable to turn up. Third-Party Info is Valid: In this case, the company was justified in acting on information gathered from media reports once the worker's absence became a "real concern." The Bottom Line While the WRC often protects employees, this case proves that the "right to work" does not override the "ability to work." If an employee’s own actions lead to a long-term inability to fulfill their contract, they may find themselves without a legal leg to stand on.
