FPSLREB Decisions

Termination (disciplinary) - Negligent performance of duties - Conflict of interest - Burden of proof - Documentary evidence - Probative value - the employer terminated the employment of the grievor, a Senior Project Manager (ENG-05), effective January 6, 1999, for the following reasons: gross negligence in the performance of duties; circumventing normal contracting procedures; failure to exercise due diligence in protecting public monies; preferential treatment of a particular contractor in the award of contracts in violation of the Conflict of Interest and Post-Employment Code for Public Servants; and actions resulting in an irreparable breach of trust - the grievor sought reinstatement in his former position - the grievor commenced employment in June 1982, and prior to his discharge, he had never been disciplined - in 1995, an anonymous source made allegations against the grievor and, on the strength of those allegations, the employer launched several investigations, the last of which culminated in the grievor's discharge - the basis on which the employer's case rested was documentary evidence which the adjudicator found to be incomplete and unreliable and did not allow for the conclusion of misconduct on the part of the grievor - according to the adjudicator, on the basis of the documentary evidence, the decisions made by the grievor could be neither confirmed nor invalidated - the adjudicator determined that the overriding consideration in this case was that, without sufficient documentary evidence, the employer could not prove that the grievor had engaged in misconduct and the grievor was prevented from demonstrating the soundness and integrity of the work he had done on each file and the decisions he had either recommended or made - the adjudicator pointed out that the burden of proof lay with the employer - the grievance was therefore allowed and the employer ordered to reinstate the grievor in his position retroactively to the date of his termination; to remove any disciplinary reference from his file; and to remit to the grievor the salary and other employment benefits from which he had been deprived as a result of this discharge.