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Wells and Treasury Board (Solicitor General Canada – Correctional Service)
Before: R. Simpson
Appearances: D. Landry, for the Grievor; R. Snyder, for the Employer
Decision rendered: November 25, 1997
Termination (disciplinary) – Prison guard – Off-duty conduct – Lengthy association with a known criminal – Failure to keep a proper distance when this person was imprisoned in the Institution where grievor worked – grievor was a prison guard who associated for many years with a local drug dealer – this came to the employer's attention following an undercover police operation which targeted the drug dealer and involved police surveillance – evidence established that grievor was present in a restaurant and sitting at the same table when the drug dealer discussed a potential major drug deal with an undercover police officer – subsequently, drug dealer was convicted and incarcerated in the prison where grievor worked – grievor advised employer that he knew the prisoner and employer directed him to keep his distance from him – evidence established that grievor failed to do so and that he also failed to document his dealings with the prisoner as he was required to do – employer indefinitely suspended the grievor pending an investigation and ultimately discharged him for his involvement with the drug dealer both within and outside the prison – adjudicator found that grievor was aware of the drug dealer's criminal activities and nonetheless continued his association with him over several years – this together with his failure to keep a proper distance from the prisoner upon his incarceration constituted a violation of the Standards of Professional Conduct – it also rendered the grievor incapable of performing the duties of his position satisfactorily.
Cases cited: Flewwelling (166-2-14236); Flewwelling and Public Service Staff Relations Board (1985), 65 N.R. 349 (F.C.A.).