MacKenzie and Treasury Board (Revenue Canada - Customs, Excise and Taxation)

Full Text

166-2-26614 and 26615
MacKenzie and Treasury Board (Revenue Canada - Customs, Excise and Taxation)

Before: P. Chodos
Appearances: B. Done, for the Grievor; R. Snyder, for the Employer
Decision rendered: February 3, 1997

Termination (disciplinary) - Indefinite suspension - Fraud - Customs officer involved in smuggling operation - Credibility - the grievor, a customs officer at a border station next to the U.S.A., was suspended without pay pending an investigation into an alcohol smuggling operation - as a result of the investigation, the grievor's employment was terminated - the grievor denied any involvement and sought rescission of his suspension and termination - the evidence called on behalf of the employer consisted mainly of accounts of members of the Royal Canadian Mounted Police and of persons involved in driving trucks containing contraband liquor - the employer's witnesses contended that the contraband was brought into Canada with the aid of the grievor - the grievor maintained that he was not involved in the operations and suggested that the employer's key witness had fabricated his account of events which had transpired - there was no dispute that the smuggling did take place and that the grievor was on duty at the time in question - the adjudicator found that the witnesses called on behalf of the grievor were not credible while the employer's evidence was overwhelming and left virtually no room for doubt as to the grievor's guilt - thus the suspension and termination were justified.

Grievances denied.