Thomas and Treasury Board (Revenue Canada – Customs, Excise and Taxation)

Full Text

166-2-27608, 28503, 28504, 149-2-172
Thomas and Treasury Board (Revenue Canada – Customs, Excise and Taxation)

Before: D. MacLean
Appearances: M. Tynes, for the Grievor; A. Kurian, for the Employer
Decision rendered: November 5, 1999

Suspension (1 day, 3 days and 6 days) – Unprofessional behaviour – Employer unaware of the employee's emotional problems – Progressive discipline – the employer imposed a one-day suspension to the grievor, a customs inspector, for having been loud, demeaning, impatient, unprofessional and irate with the representative of a client during the performance of his duties – the employer further imposed a three-day suspension to the grievor for having been loud and demeaning with the representative of another client during the performance of his duties – the employer finally imposed a six-day suspension to the grievor for having made derogatory remarks to a coworker during the performance of his duties – the employer alleged that the grievor's behaviour was inappropriate, that he had expressed no remorse and that the disciplinary actions were fair and progressive in the circumstances – the grievor replied that he had a low emotional threshold, which should be considered as a mitigating factor – he added that, as his behaviour was non-voluntary, discipline was not appropriate – the adjudicator found that the three incidents justified discipline – he further found that the evidence did not establish that the grievor was unable to control himself or that his actions were non-voluntary – the adjudicator noted that the employer had not been made aware of the grievor's emotional problems – the adjudicator found that the grievor did not acknowledge that his behaviour might have been inappropriate – the adjudicator found that the discipline imposed in each of the three incidents was progressive and appropriate in the circumstances.

Grievances denied.

Case cited: Funnell (166-2-25762).