FPSLREB Decisions

Termination (disciplinary) - Unauthorized release of shipment which had been targeted for inspection - Credibility - the employer had intercepted a large amount of tobacco in a shipment of dry goods being imported by Company X - as the tobacco had not been listed on the manifest, the employer suspected that the importer might be trying to evade the payment of duty and taxes - however, this would not be known for a certainty until the importer picked up the goods at the appropriate customs office - accordingly, the employer placed a target on the shipment, that is, a computer entry to the effect that the shipment should not be released to the importer until a further check was done - the grievor was employed as a clerk at Pearson International Airport in Toronto - at the request of a representative of Company X, he attempted to expedite the release of the shipment in question - on the following day, the employer realized that the shipment had been released without going through secondary inspection and that all the supporting documentation had disappeared - therefore, it was not possible to determine whether Company X had declared the tobacco in question and the employer had to abandon its investigation - the grievor alleged that, when he was advised there was a target on the shipment, he went to the secondary inspection area and left all the relevant documentation there - however, a customs officer testified that she had seen the grievor utilize the release stamp of another customs officer on that day while that customs officer was temporarily absent from her post - the evidence established that it was this stamp which had been used on the document authorizing the release of the shipment - the customs officer, whose stamp it was, testified that she had not authorized the release of the shipment and that, in fact, on the day in question, she had not been assigned to do that type of work - the grievor claimed that he had used the date stamp of the customs officer in question and not the release stamp - the adjudicator did not find grievor's explanation to be credible - the grievor used the customs officer's release stamp on the relevant documentation when he clearly knew he had no authority to do so - in addition, he caused the loss of the supporting documentation - as a result an ongoing investigation was compromised and had to be abandoned - this was an extremely serious act of misconduct - the adjudicator found that the bond of trust between the grievor and the employer had been severed - mitigating circumstances, including the grievor's 27 years of service, did not justify a reduction in the penalty. Grievance denied. Cases cited:Tipple v. Canada (Treasury Board) , Court file A-66-85, September 26, 1985 (F.C.A.); Faryna v. Chorny, [1952] 2 D.L.R. 354.