Sparks and Treasury Board (National Defence)

Full Text

166-2-27304
Sparks and Treasury Board (National Defence)

Before: B. Turner
Appearances: M. Tynes, for the Grievor; H. Newman, for the Employer
Decision rendered: December 17, 1996

Suspension (30 days) - Intoxicated while on duty - Inappropriate behaviour towards hospital staff - grievor, who was employed as a Housekeeper at Canadian Forces Hospital (Stadacona), reported for work on February 25, 1995 - he admitted that he had been drinking at a party the night before - while performing his cleaning duties which included emptying the garbage in patients' rooms, he mistakenly took a patient's dirty clothes which were in a green garbage bag - when patient retrieved his laundry from the grievor's cart with the assistance of two hospital workers, grievor became defensive and belligerent - following a complaint from one of the hospital workers, Nursing Co-ordinator sent grievor home - grievor received a 30-day suspension for being intoxicated while on duty and for behaving inappropriately towards hospital staff - there was conflicting evidence as to whether grievor was intoxicated while on duty on the day in question - adjudicator concluded that, while grievor displayed signs of impairment, the evidence failed to establish that he had been drinking on the job - he inadvertently took the patient's personal laundry which was in a green bag that the grievor thought was garbage - by doing so, he precipitated the situation that later on in the day involved a number of persons and his response to the situation intimidated certain hospital staff members - grievor must accept some culpability for his actions on February 25 resulting from a party the night before - however, the penalty imposed by the employer was excessive in light of all the circumstances - 30-day suspension reduced to five-day suspension.

Grievance allowed in part.