FPSLREB Decisions

The grievor held a tax auditor position with the Canada Revenue Agency (CRA). He was terminated on March 6, 2024, for, according to the employer, claiming a $2000 payment under the Canada Emergency Response Benefit (CERB) while working for the CRA and not being entitled to receive such a benefit. According to the employer, the grievor acted dishonestly, which constituted fraud. He felt that the discipline imposed was too severe and claimed that he had not committed any fraud. The evidence demonstrated that his spouse had applied for the CERB through the grievor's account in error using the couple's only computer. He and his spouse tried to reach the CRA, but were unsuccessful. The spouse sent two cheques by regular mail, totaling $2000, to reimburse the CERB that he had received in error, but they were never cashed. The CRA indicated that after the media reported that federal public servants had allegedly received the CERB while at work, it decided to verify whether that had occurred at the CRA. The investigations started in July 2023 and continued for the rest of the year. The grievor was one of the employees under investigation. He repaid the amount but not promptly. The repayment was made in two stages, 30 and 39 months after he received the money. It appeared that he attempted to report the CERB payment received in error within a few weeks of receiving it. However, he did nothing after that and repaid it when he had no other choice. The Board found that the grievor did not commit a fraudulent act but that his conduct constituted serious misconduct, as he was a tax auditor. He knew that he was not entitled to the CERB, never raised the issue with his managers, did not make reasonable and effective efforts to report the issue to the CRA, and repaid the payment only when he had no choice. Thus, the Board indicated that his actions or inactions warranted imposing severe discipline. In addition, during the investigation and after his disciplinary hearing, the grievor remained in his position, and the Security Branch decided to maintain his reliability status. It was revoked only after his dismissal. After hearing the parties' evidence and arguments, the Board weighed the aggravating and mitigating factors and decided to replace the termination with a one-year suspension ending on March 6, 2025. Accordingly, it ordered the grievor reinstated in a position equivalent to the group and level that he held when he was terminated and that the employer pay him his full compensation, retroactive to March 6, 2025, including the salary and benefits that he would have received had the employer employed him from that date.

Grievance allowed in part.