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ARTICLE · 19 JANUARY 2012

The HR Space: Can Employee Be Terminated After Losing Qualification?

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What is an employer to do if drivers they have hired lose their license? What if the professionals they employ lose their accreditation?

CanadaEmployment and HR
Gulu Punia
Gulu Punia
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The HR Space is edited by Lyne Duhaime, Karen M. Sargeant and Brian P. Smeenk.

What is an employer to do if drivers they have hired lose their license? What if the professionals they employ lose their accreditation? Is there a requirement to provide notice or pay in lieu of notice of termination? A recent court decision suggests that in such cases the contract of employment comes to an end because it has been "frustrated". There is no requirement to provide any notice of termination or pay in lieu of notice in such circumstances.

The Decision

The employee in Cowie v. Great Blue Heron Charity Casino was a security officer. The law in Ontario was changed in 2007 to require that security guards had to be licensed. Those working in a casino had to possess a clean criminal record to be licensed. Those already employed as security guards were given until August 23, 2008 to get licensed.

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