“When [an employer] is determining discipline against an employee for off-duty conduct, the fact that there were criminal charges or even a criminal conviction does not necessarily give the employer the right to dismiss for cause. I think many employers assume that a criminal conviction, if not a charge, crosses the line, but it’s not that simple.”
So says labour and employment lawyer Joseph Oppenheim of Carbert Waite in Calgary, after a federal arbitrator reduced the dismissal of a railway worker following criminal assault charges to a lengthy suspension.
The worker was employed with Canadian Pacific Kansas City Railway (CPKCR) in Thunder Bay, Ont., since 2008. He was considered a good employee and got along well with co-workers and supervisors.
