The grievor’s employment was terminated as a result of his involvement in a security incident with an inmate -- in the letter of termination the employer alleged several breaches, but at the hearing it did not present evidence with respect to some of the allegations -- the employer maintained the allegations regarding participation in an improper strip search, failure to report the presence of blood and an incident the grievor witnessed in the shower area, and kicking the inmate in the buttocks -- the employer alleged that the grievor observed the inmate being strip searched by an excessive number of officers yet failed to report it -- the employer also accused the grievor of not reporting the fact that the inmate was bleeding and on the floor in the shower area -- the employer also accused the grievor of kicking the inmate in the buttocks -- the use of fact-finding processes in a disciplinary context was the subject of an ongoing dispute between management and the union and officers were told not to co-operate in the fact-finding process -- the grievor admitted kicking the inmate and pled guilty to assault charges in criminal court -- in light of the criminal charges and on the advice of his bargaining agent representatives, the grievor indicated that his representatives would speak for him -- the adjudicator held that the evidence did not support a case for participation by the grievor in an improper strip search -- the inmate was unco-operative at the time and the search as performed did not violate the employer`s own directive, or was such a minor violation as to merit only a reprimand -- as for the incident in the shower area, the evidence established that the grievor probably did not see the inmate on the floor -- with respect to the failure to report the presence of blood, the appropriate sanction for such a failure, considering the circumstances of the case, would be a reprimand -- the grievor admitted to the assault on the inmate but the kick was not strong and was not intended to hurt the inmate -- no evidence was adduced of any practice of kicking inmates at the institution as suggested by the employer – the grievor’s failure to co-operate was an aggravating factor and the grievor could not justify his decision not to co-operate on the basis of advice from his union – the grievor was remorseful and sought counselling – the assault was spontaneous and out of character – the grievor is not likely to repeat the mistake – a strong penalty will send an appropriate message.

Grievance allowed in part; one-year suspension without compensation substituted for termination.