Walcott and Treasury Board (Employment and Immigration Canada)

166-2-25590

  • Before: P. Chodos
  • Appearances: J. Ryan, for the Grievor; R. Lafrenière, for the Employer
  • Decision Rendered: 1997-10-02

Subject terms:

Termination (disciplinary) – Fraud – Preferential treatment – Burden of proof – Credibility – part of the grievor's duties was to validate and process requests made by Canadian employers pursuant to the "Foreign Worker Recruitment Program" – the employer terminated the grievor's employment for having disregarded its policies and procedures, by having knowingly processed Confirmation of Offer of Employment forms containing inaccurate information, and for having provided preferential treatment to some personnel agencies and immigration consultants – the adjudicator decided that the burden of proof in this case was the one of clear and cogent evidence and that the employer had discharged it – the adjudicator preferred the testimony of the employer's witnesses – the adjudicator decided that the grievor had disregarded the employer's policies and procedures and had provided preferential treatment to one personnel agency.

Grievance denied.

Cases cited: Chandler (166-2-17041); Flynn (166-2-2336); Melcher (166-2-27604); Regina v. K.G.B., 79 C.C.C. (3rd) 57.