The grievor worked for Statistics Canada’s Statistical Survey Operations Division as an interviewer – the employer terminated her employment because she had failed to use the applicable procedure during a telephone survey, including by completing the survey questionnaire in the respondent’s absence – the employer accused her of having thereby falsified data on the questionnaire, thus violating the Statistics Act and undermining Statistics Canada’s credibility – the employer’s view was that the bond of trust had been broken and that the termination was justified – the grievor relied on the fact that she had wanted to proceed quickly and avoid needlessly monopolizing the time of a respondent (a dentist) during her office hours – the adjudicator concluded that the employer had not discharged its burden of proving on a preponderance of evidence that the grievor had falsified data during a survey for which she was responsible – the adjudicator found that the grievor had no malicious intentions – the employer also had not proved that recording answers in the respondent’s absence was, in the circumstances, misconduct that justified disciplinary action.

Grievance allowed.