FPSLREB Decisions

The grievor, a border services officer (BSO), grieved the employer’s decision to impose a two-year suspension without pay on him and, later, to terminate him for the unauthorized use of his badge while off duty and for failing to disclose the full extent of his wide-ranging outside employment. The discipline arose out of an incident in which the grievor, while working as a bodyguard, interfered in the immigration and customs clearance process of an aircraft, including identifying himself as a BSO and displaying his badge. He acknowledged that his actions constituted misconduct but argued that the suspension and termination were excessive. The employer argued that the discipline was justified based on the grievor’s actions and lack of forthrightness during the investigation and hearing and on other aggravating factors. The Board found that the discipline was not excessive. As for the termination, the grievor’s demonstrated lack of judgment and integrity, which started the moment he was hired and continued to the moment he was terminated, despite repeated warnings and reminders of his duties and obligations, was incompatible with the high level of trust and honesty required of a BSO. The suspension was also reasonable, as the employer had a legitimate concern about the grievor’s outside activities, judgment, and integrity. While the suspension was long, at least half the time could be attributed to the grievor being on leave and unavailable to participate in the respondent’s investigation.

Grievances denied.