More information needed to warrant indefinite suspension for charged employee

Employer took action after learning of sexual assault charges from police report
|Canadian Employment Law Today|Last Updated: 10/31/2012

Corrections Canada (CSC) should have gotten more information before indefinitely suspending a correctional officer for criminal charges outside of work, an adjudicator has ruled.

Balkar Singh Basra was a correctional officer at Matsqui Institution, a medium-security federal correctional institution near Vancouver. During his time with CSC, there were no disciplinary issues on his record and he was considered a good employee.

On Sept. 10, 2004, Basra was accused of sexually assaulting a woman he had gone out with that evening. The woman claimed Basra had drugged her and assaulted her while she was unconscious. Basra had given the woman a false name but police were able to find him though cellphone records. Basra denied knowing her and refused to give a DNA sample. A sample was obtained through a warrant and it matched DNA taken from the woman.