FPSLREB Decisions

Suspension (10 days) - Termination (disciplinary) - Intimidation - Harassment - Credibility - the grievor was suspended from his duties while an investigation into his behaviour was conducted, following which he was dismissed for intimidating and harassing some of his fellow workers and his supervisors - the grievor denied most of the incidents and alleged that he had never received any warning or formal reprimand with respect to them - the employer argued that reinstatement was impossible since it had lost all confidence in the grievor - the grievor responded that the employer had, through its conduct, approved of his behaviour and that the employer's evidence was vague and incomplete - the grievor asked to be reinstated - faced with contradictory testimony, the adjudicator found that the grievor's testimony was disingenuous and preferred that given by the employer's witnesses - the adjudicator found that the behaviour the grievor had been accused of by the employer had been proved - the adjudicator concluded that given the laxness shown by the employer in the circumstances, the grievor's termination was not justified - the adjudicator substituted a 12-month suspension without pay. Grievance allowed in part.