Taylor and Treasury Board (Fisheries and Oceans Canada)

Full Text

166-2-28563
Taylor and Treasury Board (Fisheries and Oceans Canada)

Before: D. MacLean
Appearances: M. Tynes, for the Grievor; J. Begley, for the Employer
Decision rendered: February 22, 1999

Termination (disciplinary) – Violation of the employer’s policy on alcohol – Abuse of alcohol at sea – Employer's failure to enforce policies – Alcohol problem – Rehabilitation – Conditional reinstatement – the grievor, an offshore surveillance fisheries officer with Fisheries and Oceans (F&O), grieved the termination of his employment and was seeking conditional reinstatement – while on an offshore patrol mission on board of a Department of National Defence (DND) vessel, he accepted a bottle of whisky from the captain of a foreign fishing vessel during an inspection – F&O had adopted a "dry-ship" policy in 1989, stating that officers engaged in offshore surveillance shall not accept alcoholic beverages while on fishing vessels during patrol periods – later in the day, the grievor consumed some of the whisky in his cabin – F&O policy also provides that officers on board DND vessels shall respect DND regulations – DND regulations stipulate that no hard liquor is allowed on vessels and that no alcohol can be consumed in the cabins – the coxswain on the vessel (chief disciplinarian officer for the DND personnel) discovered the whisky in the grievor's cabin and confiscated it; by that time, about 60 to 120 ml of whisky were left in the bottle – when he discovered the absence of the whisky, the grievor, while under the influence of alcohol, demanded its return and used abusive language against the coxswain in doing so – the grievor's conduct was so unruly that the coxswain gave her staff instructions to arrest the grievor, put him in a cell, and hand-cuff him if necessary, were he to cause any more problems on that day – the next day, the grievor attempted to apologize to the coxswain, who did not accept – she requested that formal disciplinary action be taken against him – the grievor adduced evidence to the effect the F&O was not enforcing its "dry-ship" policy; it was not uncommon for offshore surveillance fisheries officers to bring back liquor from the fishing vessels that they inspect or to consume alcohol on "dry" ships – since 1996, the grievor has been followed, on a regular bi-weekly basis, by an Employee Assistance Programme counsellor for his drinking problem – he deals better with his problem when he stays ashore – since the incident, he is attending college and Alcoholics Anonymous meetings on a regular basis – his counsellor and himself believed he was not ready to return to sea – the grievor stated he would accept a conditional reinstatement – the employer established that the grievor had received a 20-day suspension in the previous two years for off-duty illegal possession of narcotics (cannabis resin or hashish) – the employer argued that, although the grievor had been aware he was in violation of the F&O "dry-ship" policy and of the DND regulations regarding the use of alcohol on DND vessels, he wanted to re-acquire his bottle of whisky so that he could finish it – the employer added that the grievor was not fit to return to sea and that he could not be trusted to perform the duties required from a peace officer – the grievor responded that F&O never strictly implemented its "dry-ship" policy – he reminded the adjudicator that he had tried to apologize to the coxswain on the day following the incident – he alleged that he had sought help to overcome his drinking problem – the adjudicator concluded that offshore surveillance fisheries officers had been lulled into a false sense of security to the effect that, as long as they get their job done, the employer would turn a blind eye to their accepting and consuming alcoholic beverages while at sea – he found that termination was not justified in the circumstances and substituted a 14-month suspension – however, he ordered that the grievor be reinstated on the conditions that: within 90 days from the date of the decision, he provide the employer with medical evidence that he is fit to return to sea; he continue, for no less than one year, being followed regularly by his Employee Assistance Programme counsellor and attending regularly his Alcoholics Anonymous meetings; and he agree that any relapse of the incidents would be ground for termination – the adjudicator also recommended that the employer keep the grievor in a shore-based position until he is fit to return to sea.

Grievance allowed in part.

Cases cited:	Herrit (166-2-27188); Gillies (166-2-25617).