The grievor was employed as a border services officer (BSO) with the Canada Border Services Agency (CBSA) – BSO positions were granted peace officer status – the grievor was permanently demoted to a clerk position as a result of his conviction under the Criminal Code – in reaction to the news that his wife wished to end their 23-year marriage, the grievor, while driving his vehicle under the influence of alcohol, turned into the path of a motorcycle and caused serious injury to its driver – he then fled the scene – while in jail, the grievor immediately joined Alcoholics Anonymous and attended its rehabilitation program – he accepted responsibility for the accident, was remorseful and apologized to the victim – the grievor fully advised the employer of the situation – he was permitted to return to work as a BSO, but his duties were limited, and he was monitored by the employer until his sentencing – after two months of restricted duties, he was returned to full duties as a BSO – after the grievor was sentenced, and 16 months after the accident, he was demoted for off-duty conduct – the employer believed that the situation was serious, that it affected the grievor’s ability to continue performing his duties and that it called into question his good judgment – the adjudicator held that the grievor’s conduct had to be reviewed against the employer’s Code of Conduct – the grievor was guilty of a serious breach of the Criminal Code, and his conduct was injurious to the CBSA’s reputation – the employer established that it had just cause to impose serious discipline – to serve their purpose and to be consistent with the basic corrective premise of the principle of progressive discipline, demotions ought to be temporary, except in the most exceptional circumstances – given all the circumstances, the permanent demotion imposed on the grievor was excessive – the grievor successfully addressed his alcohol problem, was forthright in disclosing all details to his employer, apologized to the victim and pleaded guilty to the charges – the grievor should be reinstated after a 30-month demotion.

Grievance allowed in part.