- Was the employee convicted or simply arrested? If the latter, the employee may actually be able to prove his/her innocence.
- Impact on ability to do job: I wouldn't be so quick to concede the fact that the DUI doesn't have an impact. It very well might if: i. the employee's job is safety-sensitive; ii. the employee needs to drive to do his/her job duties--the new Alberta DUI licence suspension penalties may thus render the employee unable to do the job; iii. the DUI casts doubt on his judgment, integrity or character, especially if such Qs already exist; iv. the job requires the highest standards of morality and conduct, e.g., law enforcement, public service, religious-based, etc.
- Was the employee off duty at the time of the DUI? Clearly, the need to notify (and justification of discipline for failure to notify) is much stronger if the DUI happened while the employee was on duty
- Do your HR policies require disclosure of DUI convictions/arrests (assuming, of course, you can justify why you have such a policy)
Yes our HR policies do require the disclosure of such convictions etc.
Thank you for your response. It fits with our understanding as well.
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