Laurin and Treasury Board (Revenue Canada)

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166-2-28147
Laurin and Treasury Board (Revenue Canada)

Before: Y. Tarte
Appearances: E. Bramwell, for the Grievor; M. LeFrançois, for the Employer
Decision rendered: August 6, 1998

Termination (Disciplinary) - Fraud - Mitigating circumstances - from 1994 to 1997, at her supervisor's request, the grievor prepared and authenticated overtime claims to which she was not entitled - at her supervisor's request, she also prepared false overtime reports for co-workers - from November 1996 to February 1997, always at her supervisor's request, she gave him $900, representing half of three overtime payments she had received - she later refused to share any more overtime payments with him - the grievor thus received a total net amount of $12,279.73, which she paid back - the employer terminated the grievor's employment - evidence was adduced to the effect that the grievor's supervisor was an abusive, manipulative individual - the internal investigator testified that, without the statements of the grievor and one of her co-workers, this fraud would never have come to the attention of the employer - the employer alleged that the grievor repeatedly engaged in instances of wilful and premeditated misconduct, in a department in which Canadians expect transparency and trustworthiness - the employer added that the grievor was still failing to acknowledge the impropriety of her conduct and did not show potential for rehabilitation - the employer submitted that the grievor's co-operation in the investigation did not counter the gravity of her conduct - the grievor replied that the adjudicator had to take into account her admission of wrongdoing, her co-operation and participation in exposing the fraud, her good work record and the fact that she had been acting under the directions of an abusive, manipulative supervisor - the grievor alleged that she always had reason to believe that she was entitled to the overtime payments she was receiving, up to that time her supervisor asked her to share such payments with him - the grievor submitted that she exposed the fraud not long afterward - the adjudicator found that the grievor was, at least initially, and for some time, blind to the inappropriateness of her conduct because of the personal gain it provided - however, the adjudicator recognized that it was the grievor and a co-worker who came forward to expose the fraud - the adjudicator also took into account the grievor's 12 years of service without prior discipline, her co-operation in exposing the misconduct, her willing participation in the employer's investigation and the abuse that she suffered at the hands of an abusive, controlling supervisor - the adjudicator found that he was not prevented from looking at other similar situations of misconduct to determine how they were handled by the employer - the adjudicator decided that there were sufficient mitigating circumstances in this case to substitute a 15-month suspension for termination.

Grievance allowed in part.

Case cited: Canada v. Barrett and Clarke et al., 53 N.R. 50 (F.C.A.).