No claim if employee can’t meet legislative requirements of the job

Bouvier v. Shorthouse, 202 Carswell BC 2640 (B.C.S.C.)

The employer applied for an order dismissing Ronelda Bouvier’s wrongful dismissal action against it. Bouvier had been employed as manager of the Sea View Home Facility. After her employment was terminated, she started a claim against the employer for damages for wrongful dismissal. At issue in the application was whether Bouvier had any reasonable basis for alleging she had been wrongfully dismissed.

In August 1998 a child of the home facility made an allegation against Bouvier. Bouvier was suspended with pay during an investigation of the allegation. Ultimately the employer dismissed Bouvier because, as a result of the investigation, the chief licencing officer of the Community Care Facilities Licencing office advised the employer that Bouvier’s behaviour did not meet the standard of the Community Care Facility Act and the Child Care Licencing Regulation.

Therefore she was not suitable to be either a manager or a member of staff of a youth residential facility.

The court held it was a condition of Bouvier’s employment that she meet the requirements of a manager pursuant to the Community Care Facility Act.

Otherwise, she could not perform the job for which she had been hired. Accordingly, the court held the employer could not have provided notice of dismissal to Bouvier because it was required to terminate her employment immediately and without notice upon being advised by the chief licencing officer that she no longer satisfied the legislative requirements for a manager of a community care facility. Accordingly the court dismissed the claim.

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