Beaulne and Treasury Board (Transport Canada)

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166-2-27737
Beaulne and Treasury Board (Transport Canada)

Before: J.C. Cloutier
Appearances: J. Ouellette, for the Grievor; M. LeFrançois, for the Employer
Decision rendered: September 23, 1997

Termination (disciplinary) – Fraud – Relocation assistance – the grievor relocated temporarily, then permanently, after he was assigned to a special project – on the basis of receipts he submitted, he claimed $1,500 a month for 27 months in expenses for housing assistance even though his actual expenses were much lower – the employer terminated the grievor's employment – the employer argued that the grievor had submitted false receipts to support his claims – the employer argued that the grievor knew that when receipts are required, employees are entitled only to the reimbursement of expenses actually incurred – the grievor responded that after his initial meeting with the employer's representative, he thought he was entitled to $1,500 a month – he added that the employer had not given him a copy of the relocation policy as required by the collective agreement – the grievor argued that the employer had been lax and pointed out that he had offered to reimburse the overpayment as soon as he was told of his mistake and that he had subsequently repaid the total amount very quickly – the grievor argued that termination was too harsh a penalty in the circumstances – the adjudicator held that the grievor's misconduct was serious – the adjudicator found that the grievor and the employer had both been negligent in this case – the adjudicator substituted a 12-month suspension without pay.

Grievance allowed in part.