FPSLREB Decisions

Termination (disciplinary) - Failure to report income on personal income tax return - Credibility - grievor, whose duties required her to process individual income tax returns, had held various term positions with the employer since 1988 - she failed to report alimony income on her personal income tax return for the 1994 and 1995 taxation years - employer considered this to be major misconduct and terminated her employment - grievor did not dispute that she had failed to report the income in question - however, she maintained that she had done so inadvertently rather than intentionally as alleged by the employer - she referred to the personal stress which she had been suffering at the relevant time due to the failure of her marriage as a mitigating factor - adjudicator found that it was unlikely that grievor had inadvertently failed to report alimony income for two successive tax years - he concluded that grievor had intentionally failed to report the alimony income in question and that this was incompatible with the continued performance of her job functions - in reaching this conclusion, the adjudicator also considered the fact that the grievor was a long-service employee with a previously clear discipline record. Grievance denied.