Dosanjh and Treasury Board (Solicitor General Canada – Correctional Service)

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166-2-27262
Dosanjh and Treasury Board (Solicitor General Canada – Correctional Service)

Before: P. Chodos
Appearances: C. Dann, for the Grievor; R. Hornby, for the Employer
Decision rendered: June 4, 1997

Suspension (3 days) - Abusive words and action against a fellow employee - grievor and a fellow employee were involved in a verbal and physical altercation while at work - grievor initially received a 15-day suspension which was subsequently reduced to 3 days and fellow employee received a written reprimand - adjudicator found on evidence presented that the most serious element of the altercation, namely the physical confrontation, was in large measure the responsibility of the fellow employee - adjudicator had strong reservations about accepting the fellow employees' version of events - on balance the adjudicator found that the grievor bore no greater responsibility for the misconduct in question than the fellow employee - in the circumstances it was inappropriate for the employer to impose a greater disciplinary sanction on the grievor than that imposed on the fellow employee - employer directed to rescind the suspension imposed on the grievor and to substitute therefor a written reprimand.

Grievance allowed in part.