Vasilas and Treasury Board (Revenue Canada - Customs, Excise & Taxation)

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166-2-28149
Vasilas and Treasury Board (Revenue Canada - Customs, Excise & Taxation)

Before: P. Chodos
Appearances: B. Done, for the Grievor; M. LeFrançois, for the Employer
Decision rendered: April 24, 1998

Termination (disciplinary) - Fraud - the grievor had authenticated false overtime reports his supervisor had prepared to compensate him for unclaimed overtime and unpaid short acting-assignment periods - this occurred over a two-year period, during which the grievor received approximately $18,000, to which he was not entitled - the employer terminated the grievor's employment - the employer alleged that the grievor accepted payments improperly made to him while he knew he would not be entitled otherwise to overtime or acting pay - the grievor replied that he had made no representation of any kind to his supervisor about overtime - the grievor added that another employee who had had a conduct similar to that of the grievor, had been reinstated by the employer - the adjudicator found that the grievor's actions constituted serious misconduct - however, in light of the mitigating factors in this case, the adjudicator substituted a ten-month suspension - of particular importance was the employer's decision to reinstate the other employee.

Grievance allowed in part.

Case cited: Re Canpar and Transportation Communications Union (1998), 66 L.A.C. (4th) 1.