FPSLREB Decisions

Termination (disciplinary) - Intimidating behaviour - Assault on supervisor - Consumption of drugs - Christmas party - House of Commons - the grievor had been working for three years in the Maintenance Service Support Unit of the House of Commons when the employer terminated his employment - the reasons alleged in support of the termination were that, at a Christmas party, the grievor intimidated co-workers and supervisors, assaulted a supervisor and forced his acting supervisor to smoke hashish on that occasion - the Christmas party was held during working hours on the employer's premises - the employer submitted that the grievor's behaviour cannot be tolerated in the workplace, especially at the House of Commons - the employer took the position that the events leading to the grievor's termination occurred at work while the grievor was on duty - the grievor argued that the evidence was insufficient to establish that the bond of trust was permanently broken - he also submitted that no progressive discipline had been applied in this case - he added that the Christmas party was a private function - the adjudicator found that the employer had established by clear and cogent evidence that the grievor's misconduct had occurred - on the other hand, the grievor did not present a plausible explanation for his misconduct - the adjudicator found that the conduct had happened on the employer's premises while the grievor was off duty - he further found that termination was justified in the circumstances - there were no mitigating factors justifying altering that decision. Grievance denied. Cases cited:Re Andres Wines (B.C.) Ltd. and Brewery, Winery and Distillery Workers, Local 300 (1996), 53 L.A.C. (4th) 247; Mailing (166-2-10158); Re Madawaska Hardwood Flooring Inc. and I.W.A.-Canada, Local 1-1000 (1995), 51 L.A.C. (4th) 379; Re Coast Capri Hotel and Hotel, Restaurant and Culinary Employees and Bartenders Union, Local 40 (2000), 87 L.A.C. (4th) 345; Re Great Atlantic & Pacific Co. of Canada Ltd. and Retail, Wholesale & Department Store Union, Local 414 (1992), 27 L.A.C. (4th) 165.