Millar v. Treasury Board (Human Resources Development Canada)

Full Text

166-2-30348 (2001 PSSRB 120)
Millar v. Treasury Board (Human Resources Development Canada)

Before: F. Chad Smith
Appearances: C. Dann, for the Grievor; H. Newman, for the Employer
Decision rendered: November 27, 2001

Termination (disciplinary) – Fraud – Salary overpayment – Reinstatement – for approximately six months, the grievor received a pay cheque which was significantly higher than what she was entitled to – when she became aware of the overpayment, she neglected to notify the employer – the grievor was in financial difficulty because she had a gambling problem – the employer became aware of the overpayments and discussed repayment options with the grievor, who then declared personal bankruptcy – the employer terminated the grievor's employment for fraud in failing to advise the employer of the overpayment and for declaring bankruptcy to avoid having to repay the amount in question – the adjudicator concluded that discharge was too severe a penalty under the circumstances and reinstated the grievor, subject to conditions – in so doing, the adjudicator considered that, when confronted by the employer, the grievor admitted her misconduct – there was no direct relationship between the grievor's misconduct and the nature of her work – she had completed treatment for her gambling problem and appeared to have it under control – her misconduct did not subject the employer to substantial or irreparable harm – it was unlikely that this misconduct would be repeated.

Grievance allowed in part.

Case cited:	Saskatchewan Telecommunications and Communications, Energy and Paperworkers Union of Canada (Re: Grant Hall) (unreported, May 18, 2001).