Criminal Conduct Outside the Workplace Sample Clauses

Criminal Conduct Outside the Workplace. Where an employee commits a criminal offence outside the workplace, it can be difficult to establish what detrimental effect the crime would have on the employment relationship. It may be that the crime bears no relevance to the nature of the employee’s job and it would be unreasonable to terminate the employment. (A criminal offence is an offence which appears in the Criminal Consolidations Act as an indictable offence.) For example, an employee convicted for Driving Under the Influence (DUI) would not be expected to be dismissed for the offence unless it prevented him/her from carrying out their employment responsibilities. In such instances, holding a current drivers licence is generally stated as an essential qualification for the position and would as such be paid for by the employer. Therefore, losing an essential qualification would usually result in loss of employment as it renders the employee unable to carry out his/her side of the contract and therefore frustrates the employment relationship. Some direct and definite link between the two must be established to result in the termination.
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Related to Criminal Conduct Outside the Workplace

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