An interesting blog article from Thomson Geer lawyers this week covers several interesting and relevant points:
– a criminal charge does not automatically mean dismissal or termination of employment
– employers must take specific action for employment to be terminated
– previous Fair Work decisions may not be a 100% guideline
The article is lengthy and worth reading, even though it applies to the education/yeaching profession. http://www.tglaw.com.au/employment-blog/2017/02/15/criminal-charges-employee-automatically-result-termination-employment/
If you have an employee who is facing criminal charges you really need to seek legal advice as the first step.
It is also important that your policies clearly state the inherent requirements of a role (eg a delivery employee must possess a current drivers license)
Dismissal or termination of employment is a serious matter that needs to be clearly (ie documented as such) initiated by the employer
If you are in this situation the first advice is to speak with your employment lawyer and do not take any action until you have done so. It may be that an employee can be suspended pending investigation and clarity of the issue but legal advice in this instance is your absolute first step.