The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In order to summarily dismiss an employee for being charged with a criminal offense, the employer must show that there is some connection between the charge and the employer.
What is an employer to do when it discovers that one of their employees has been arrested? In many cases, the employer's knee-jerk reaction will be to dismiss the employee, particularly where the charges relate to more unsavoury conduct. However, the law is clear that like most off-duty conduct, being charged with a criminal offence will not, in and of itself, be just cause for dismissal.
Police record checks are a poor tool to assess a candidate's suitability for a job, according to the Canadian Civil Liberties Association. An inaccurate, incomplete or inconsequential record can dissuade employers from hiring good candidates, and present a substantial barrier to employment for perfectly qualified individuals.