Deigan and Treasury Board (Industry Canada)

Full Text

166-2-25992 and 25993
Deigan and Treasury Board (Industry Canada)

Before: R. Simpson
Appearances: D. Brown, for the Grievor; R. Snyder, for the Employer
Decision rendered: March 31, 1998

Termination (disciplinary) - Indefinite suspension - Dissemination of derogatory and false information regarding senior public servant - grievor was indefinitely suspended and ultimately discharged for disseminating false and misleading information concerning a senior public servant who was being considered for appointment to a senior position in his department - he referred his grievance against the indefinite suspension and discharge to adjudication - at the conclusion of the adjudication hearing, grievor attempted to submit through his representative additional written submissions - adjudicator accepted them under reserve of the employer's objection - adjudicator declined to take these submissions into consideration in rendering her decision because they referred to certain matters which had not been adduced into evidence before her - adjudicator denied grievance against the indefinite suspension - however, she upheld the grievance against his discharge in part and awarded grievor six months pay in lieu of reinstatement as the bond of trust between the grievor and the employer had been irretrievably broken by grievor's actions: (1995) 27 PSSRB Decisions 31 - the grievor's application for judicial review of the adjudicator's decision was allowed in part by the Federal Court, Trial Division and the adjudicator's decision was referred back to her "to either consider the relevant portions of the written arguments or to hear full oral arguments": Court file T-1365-95 - after hearing full oral arguments which related to additional grounds for mitigation, the adjudicator confirmed her original decision.

Grievance against indefinite suspension denied.
Grievance against discharge allowed in part. .