Accused of assault

Employer cannot terminate employee solely on the basis of criminal charges laid against the employee
|Canadian Employment Law Today

One of the services provided by the Nlha’7kapmx Child and Family Services (NCFS), a non-profit organization, is protective services to aboriginal children. The NCFS is funded by the Department of Indian Affairs to service six aboriginal bands in British Columbia. Two case managers for the NCFS receive letters of delegation from the B.C. Ministry of Children and Families (MCF) which licenses individuals to work as child protection officers.

Craig Lockhart was employed by the NCFS as a case manager and had a letter of delegation from the MCF from Sept. 2, 1997, until he was suspended on April 21, 1999. His suspension and later dismissal from the NCFS resulted from charges that were laid against Mr. Lockhart for sexual assault and sexual touching.

The charges were the result of allegations made by Mr. Lockhart’s daughter. Upon learning of the criminal charges against Mr. Lockhart, the NCFS suspended his employment and his delegation from the MCF was suspended.