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

|Canadian Employment Law Today

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