Legal dismissal is not the case here, as the person is not declared as criminal yet. He is on trial now and the case is going on. You presently cannot take any decision. If the person is detained, you can hold the job for that person for a particular time span. On the other hand, if the person is not found guilty, you should give a second chance. For more legal support, you can take the suggestion from a reputed lawyer who deals with commercial law.