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Frustration of an employment contract in circumstances of illness or injury "is a difficult concept to establish", a Fair Work Commissioner has noted, in clearing a worker to pursue his unfair dismissal claim.

Deputy President Peter O'Keeffe outlined the "variety of potential complications" that come into play when trying to prove a contract has been frustrated, and ultimately found the employer had failed to meet the "high bar" set by previous case law.

In February 2024, the Odyssey Marine vessel master was injured in a serious workplace accident. The employer's insurer accepted liability for his injuries, and he began rehabilitation.

Under the Western Australian workers' compensation Act, injured workers' jobs must remain available to them during a 12-month "employment obligation period", which begins on the day they are first incapacitated for work...