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criminal offence

Can an employer terminate an employee for just cause if they were charged with a criminal offense?

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.


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When your employee is arrested

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.


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Police records checks ineffective, invade rights, says civil rights association

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.


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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with an employer’s dress code, if a criminal conviction can be viewed as a disability and how guetto comments in the workplace can be construed as discriminatory.


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Expanded citizen’s arrest law and the Canadian workplace

The Conservative government is poised to enact the first substantive expansion of citizen’s arrest laws in Canada since 1955. The catalyst for the Bill C-26 amendment to the citizen’s arrest section of the Criminal Code of Canada was the 2010 case of Toronto grocer David Chen who faced criminal assault charges after performing a citizen’s arrest of a habitual thief he had seen stealing from his store earlier in the day.


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