Can an employer require a worker to complete a criminal records check (CRC) as a condition of employment? Is it a breach of the worker’s human rights if the employer dismisses him for refusing to complete a CRC? What if the employee has a previous criminal conviction?
Following the release of the Ontario Court of Appeal’s decision in Waksdale v. Swegon North America Inc. in June 2020, many employers are facing the realization that the termination provisions in their contracts may be unenforceable and in need of amendment, thanks to illegal for cause provisions.
In Murphy v Factors Labs (2020 BCPC 163) Burnett J., upheld the termination of a long service factory employee who refused to wear a "Bump Cap”