FPSLREB Decisions

The respondent suspended and then dismissed the grievor from his position. He was accused of using its information technology resources, title, and business contact information for personal and commercial activities, including as a real estate agent and real estate manager, making unauthorized database searches for personal purposes, disclosing confidential information to third parties without authorization, associating with a person suspected of being involved in criminal activities, and placing himself in conflicts of interest related to his private activities. He contested his suspension without pay and dismissal. The Board found that there was no evidence to establish the employer's expectations of its employees or the obligations imposed on them before the policies came into force that were admitted into evidence. Thus, although some of the grievor’s alleged conduct took place before that date, the respondent did not demonstrate that it constituted misconduct at that time. As for the misconduct covered by the respondent's policies as admitted into evidence, the Board found that it was well founded and that the dismissal was not excessive in the circumstances. The grievor violated the policies in force by repeatedly using the respondent's assets for personal and commercial purposes, without authorization, over an extended period, and for personal gain. He made unauthorized database searches for clients, friends, or community members, which were not related to his official duties, regardless of the argued personal or moral motive. He did not inform the respondent of his association with a person suspected of crimes, despite an obligation to. He placed himself in conflicts of interest several times by favouring his private interests. He disclosed information that was not public, without authorization. Aggravating factors, including the duration, the repetition, the lack of honesty, and the lack of recognition of the seriousness of the actions outweighed the mitigating factors. The Board concluded that as of the grievor's suspension, the respondent had sufficient knowledge of the facts of each of the grounds of misconduct that were raised, so it was justified backdating the termination date to the beginning of the suspension without pay.

Grievances dismissed.

(This summary was written using generative artificial intelligence, and one person reviewed it.)