Stanley and Treasury Board (Canadian Heritage)

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166-2-27016
Stanley and Treasury Board (Canadian Heritage)

Before: M. Korngold Wexler
Appearances: B. Done, for the Grievor; P. Hajecek, for the Employer
Decision rendered: April 7, 1997

Suspension (5 days) - Insubordination - grievor received a five-day suspension for allegedly directing a threatening gesture towards two managers - to be specific it was alleged that he had raised his arms as if aiming a rifle in their direction - the resulting investigation revealed another prior incident wherein it was alleged that grievor handled a diving knife in a threatening manner during a discussion with one of these managers - grievor denied the allegations - there was conflicting testimony - adjudicator concluded that employer had failed to establish on the balance of probabilities that grievor had committed the acts of misconduct alleged against him.

Grievance allowed.