FPSLREB Decisions

Termination (disciplinary) - Theft - Attempts to mislead - Attempts to implicate a fellow employee - Intent - Credibility - the grievor was a primary product inspector - the employer terminated his employment for having taken meat products from a meat plant without having paid for it, misled representatives of the meat plant operator and attempted to implicate a co-worker - the employer argued that the grievor committed theft of one of its clients' property, which conduct was severely aggravated by the grievor's subsequent behaviour - the employer alleged that termination of employment was appropriate in the circumstances - the grievor responded that he had forgotten to pay for the meat products as a result of depression, stress and work-related fatigue and that he had no intention to steal them - the adjudicator found that events on which the employer had relied in terminating the grievor's employment have been established - the adjudicator further found that theft results from a dishonest intention or an intention to unlawfully benefit from another's property - he found the grievor's explanations not to be credible - no medical evidence was adduced to explain the grievor's alleged medical condition - the adjudicator found that, on a balance of probabilities, the grievor intended to steal the meat products - he added that meat plant operators should be able to expect honesty from the primary product inspectors who are assigned by the employer to their place of business - the adjudicator found that the act of theft was aggravated by the grievor having misled the meat plant operator's representative and attempted to implicate a co-worker. Grievance denied. Case cited:Canada Safeway Ltd. and United Food and Commercial Workers, Local 401 (2000), 94 L.A.C. (4th) 86.