Termination excessive for ethics violation

The grievor had been charged criminally and had not informed the employer. The company learned of the charges and fired him for a violation of its ethics policy. The arbitrator found the offence to be an isolated one and termination to be unnecessary.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 11/26/2012

A telecommunications worker was fired for violating the company’s ethics policy after it was discovered that he failed to notify the employer about pending criminal charges.

John Doe (J.D.) worked as a Technician for a telecommunications provider. He was hired in 1997. There was no discipline on J.D.’s record and his work garnered positive performance evaluations. As part of his job involved installations and service calls, J.D. was required to work in clients’ homes on occasion.

In March 2011, one of J.D.’s supervisors read a newspaper account about an upcoming trial of a man who had been charged with a number of counts of sexual assaults on minors. The charges stemmed from events alleged to have taken place 20 years earlier. The suspect’s name was the same as “J.D.’s,” however, the newspaper account made no link to the company.