O'Connell and Treasury Board (Solicitor General Canada – Correctional Service)
166-2-27507, 27508 and 27519
- Before: B. Turner
- Appearances: D. Dagger, for the Grievor; A. Garneau, for the Employer
- Decision Rendered: 1997-08-19
Indefinite suspension – Termination (disciplinary) – Breach of security – Contraband – Unprofessional relationship with inmate – Credibility – Prison guard – the employer indefinitely suspended and ultimately terminated grievor's employment for allegedly bringing contraband into the institution, having an unprofessional relationship with an inmate and sharing confidential information with inmates – subsequently her enhanced rehability status was also removed – the evidence established that the grievor had been seen meeting with inmates in the correctional office while information contained in other inmates' files was in full view – the grievor had been seen in inmates' cells, sitting on their bed, with her feet up on their bed or even lying on their bed – the grievor had developed a close relationship with one inmate and had devoted an inordinate amount of time to him, had shared food with him, had assisted him at his parole hearing – some religious tapes had been introduced into the penitentiary without approval and it was believed that the grievor was responsible for it – the grievor maintained that her manager had asked her to build up support and develop rapport with inmates and had told her she was doing good work – the adjudicator decided that the indefinite suspension and termination were justified, although the evidence did not support the allegation that the grievor had introduced contraband into the penitentiary – adjudicator also concluded that the evidence supported the removal of her enhanced reliability status.