Worker tried to cover up legal troubles

Employee didn't reveal truth about criminal charges and jail time
|Canadian Employment Law Today|Last Updated: 04/26/2012

An Ontario government worker who lied twice about criminal charges against him does not deserve to be reinstated, an arbitrator has ruled.

The worker was employed with the Canada Revenue Agency (CRA) until January 2005, and was later charged with fraud, breach of trust and personation. While the police investigation was underway, the worker applied for an enforcement service representative position at the Family Responsibility Office (FRO) of the Ontario government. Normally, a successful hire for the job would be subject to a criminal records check, but the worker was only offered a six-month contract and did not undergo the check. He began work in March 2006.

In June, the worker signed a consent form for a criminal records check. The charges against him were discovered, as well as the fact his case was pending. The worker explained he had worked at a tax office and there was a misunderstanding where he had filed tax returns for clients without written authorization but he had verbal agreements. The worker said he had spoken to police and it would be cleared up. The FRO took him at his word.