Batiot and Treasury Board (Justice Canada)

Full Text

166-2-28540
Batiot and Treasury Board (Justice Canada)

Before: D. MacLean
Appearances: B. Maxwell and N. Elliot, for the Grievor; M. Ciavaglia and I. Stack, for the Employer
Decision rendered: May 27, 1999

Termination (disciplinary) – Theft – Misappropriation of petty cash and personal use of departmental credit card – Breach of trust – Alleged gambling and drug addiction – Duty to accommodate – employer terminated grievor’s employment because of her personal use of the office petty cash fund and credit card over a period of several years – grievor had been employed in the Public Service for 17 years – grievor claimed that her actions arose out of personal and financial stress – she was facing serious financial problems as a result of her husband’s failing business – she was also trying to care for her mother who was suffering from Alzheimer’s disease – by 1995 grievor was addicted to and abusing a drug which her doctor first prescribed for her in 1992 to help her deal with her personal and work-related stress – grievor alleged that in 1995 she also started gambling and quickly became addicted thereto – grievor submitted that employer had failed in its duty to accommodate her gambling and drug addictions – grievor pleaded guilty to criminal charges arising out of her misappropriation of public funds and received a conditional discharge which, among other things, required her to make restitution to her employer – evidence established that since her loss of employment grievor had made substantial and successful efforts to deal with her problems – adjudicator concluded that employer’s decision to terminate grievor’s employment was justified under the circumstances – her misconduct was not isolated and impulsive – rather over a period of years she used the office credit card and money from the office petty cash fund to make personal purchases – this took planning and effort on her part both to misappropriate the funds and to cover up her actions – adjudicator did not believe that her misconduct arose out of her drug and gambling addictions – rather it started long before she became addicted to drugs or gambling – accordingly, adjudicator was not prepared to give much weight to the post-discharge evidence of the grievor’s rehabilitation – in response to her claim that the employer had denied her natural justice, the adjudicator pointed out that the adjudication hearing cures any procedural unfairness in the disciplinary process.

Grievance denied.

Cases cited:

Compagnie Minière Québec Cartier v. Québec, [ 1995] 2 S.C.R. 1095; Clare v. Attorney General of Canada (1993), 93 C.L.L.C. 12,413 (F.C.A.); Tipple v. Canada (Treasury Board) (unreported, Federal Court of Appeal File No. A-66-85, dated September 26, 1985); Funnell (166-2-25762); Duggan (166-18-16810); Herrit (166-2-27188); NewTel Communications and C.E.P.C., local 410 (1998), 71 L.A.C. (4th) 73 (Stockley).