Edmonton Public Schools v Canadian Union of Public Employees, 2013 CanLII 61071 (AB GAA)

Employee was head custodian at a school and was charged with having sexual intercourse with a 13 year old girl. He was suspended without pay and dismissed six months later. The union argued that the employee should not have been dismissed before trial because he was granted bail and the victim did not attend the school. There was also no risk to the school's reputation as there was a publication ban. The employer argued it had a duty to protect the students and it was appropriate to dismiss because of the nature of the charges. The employer stated neither the suspension or termination breached the collective agreement because an investigation revealed it was more than likely he had committed the assault. The union grievances were dismissed.