Criminal record checks in the workplace
An employer may request a criminal record check for the purpose of attaining relevant information about a prospective employee’s current or past criminal charges.
record of offences
Lack of evidence works against employer at the HRTO
In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.
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.
