Dosanjh v. Treasury Board (Solicitor General Canada - Correctional Service)

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166-2-31021 (2003 PSSRB 16)
Dosanjh v. Treasury Board (Solicitor General Canada – Correctional Service)

Before: J. Potter
Appearances: L. McGrady, for the Grievor; J. Jaworski, for the Employer
Decision rendered: February 26, 2003

Termination (disciplinary) – Inappropriate use of employer's electronic network – Abusive words and actions directed to co-worker – Credibility – Correctional Officer – Remedy – the grievor's employment was terminated as a result of three incidents involving other correctional officers – first, the grievor was involved in a shouting match in which he used insulting language directed towards correctional officer R in front of inmates in the kitchen area – their difference of opinion arose out of whether another correctional officer should be assisting R in conducting an inmate count in the kitchen or whether she should have continued working with the grievor in another part of the prison – R then proceeded to write up his version of the incident which he stored on the computer – secondly, the grievor accessed R's files on the computer – the grievor deleted some of the files and he forwarded some, including R's account of the kitchen incident, to the grievor's personal e-mail address – third, the grievor volunteered to relieve correctional officer J from his post – in order to give the grievor access to the area where J was working, J had to open the barrier door – however, when the grievor went to relieve J, J as a joke refused to let the grievor through the door – accordingly, after three of four minutes, the grievor left – in relation to the first incident, the adjudicator found that the grievor did confront R and engage in a heated exchange in front of inmates – this was not an appropriate way to resolve differences of opinion – the adjudicator found that the third incident was so minor as to be virtually insignificant – in any case, the grievor provided a reasonable explanation for his failure to provide relief to J – in relation to the second incident, although the grievor denied sending the e-mail, the adjudicator concluded on the balance of probabilities that he had done so – however, the adjudicator expressed the opinion that it was an isolated incident, created by opportunity and not planned in advance – the adjudicator did not believe that the bond of trust between the grievor and the employer had been irrevocably broken – furthermore, the grievor was an employee with 27 years of service and had received various citations, including one for bravery – the adjudicator concluded that discharge was too severe a penalty under the circumstances and substituted a three-month suspension therefor.

Grievance allowed in part.