
2007 PSLRB 107
Grievance – Five-day suspension – Disclosing confidential information – Insubordination – Progressive discipline
The grievor was suspended without pay for five days for having disclosed confidential information – the grievor disclosed the results of a competition in which he had participated to another employee – the employer had insisted on the confidentiality of the information that it disclosed to the grievor concerning his results and those of the other competitors – the employer saw the breach of confidentiality as insubordination – the grievor considered the breach of confidentiality to be of minimal importance – the grievor had received two previous reprimands – the grievor had also received two counselling letters on maintaining confidentiality – the adjudicator found that the misconduct did not warrant a five-day suspension – the quantum of discipline should reflect the real or potential harm caused by the misconduct – the adjudicator reduced the penalty to a two-day suspension without pay.
Grievance allowed in part.