FPSLREB Decisions

Dismissal (disciplinary) - Temporary suspension without pay during an investigation - Abuse of trust - Loss of employer-employee relationship of trust - the grievor worked at a community correctional centre (CCC) in a CX-01 position - on April 13, 2000, he was suspended without pay because on the same day he allegedly cheated in a selection interview for a CX-02 position - during the grievor's suspension the employer conducted an investigation to consider the circumstances of the incident - subsequently, on June 28, 2000, the grievor received a letter of termination that took effect on the same day - the grievor filed two grievances to contest his temporary suspension and his dismissal - the employer explained that the reason for the temporary suspension and dismissal was loss of trust resulting from the cheating incident at the April 13, 2000 test - the grievor explained that, at the time, he was stressed, that his actions were part of a suicide plan, and that on the morning of April 13, he was in a state of "dissociation" - the adjudicator concluded that there was nothing in the evidence presented that would enable him to conclude that on April 13 the grievor was in a state of depersonalization or dissociation or in a state of confused anxiety - moreover, the adjudicator found that all of the previously reported factors and evidence indicated that the grievor was aware of his actions on April 13, 2000, and that there was nothing in the evidence to show that the cheating incident was part of a suicide plan - the adjudicator therefore concluded that the grievor had breached the trust with his employer and that the dismissal was warranted - the adjudicator also found that since there was no doubt about the cheating, the employer was also justified in imposing a temporary suspension on the grievor for the duration of the investigation into the circumstances surrounding this cheating. Grievances dismissed.