Sample and Treasury Board (Revenue Canada)

166-2-27610

  • Before: R. Simpson
  • Appearances: D. Landry, for the Grievor; R. Snyder, for the Employer
  • Decision Rendered: 1997-06-04

Subject terms:

Termination (disciplinary) - Misconduct - grievor, an auditor, purchased a Signature fifth wheel trailer which was delivered to his residence on March 30 - to avoid paying the GST the grievor had the vehicle registered in the name of his wife's nephew D.G., who was a status Indian - grievor subsequently bothered by his conscience and on May 6 he returned to the dealership and paid all the GST that was payable - on May 16 grievor and his wife received a phone call from the mother of D.G. who threatened to tell the Department about the non-payment of the GST - grievor became aware on June 5 that his employer was investigating the purchase of the trailer - on June 7 the grievor attended a meeting with Revenue Canada officials at which he acknowledged his involvement in the purchase of the trailer - grievor subsequently discharged on grounds that the public had lost confidence in his integrity and that his actions were incompatible with the level of trust required of officers of Revenue Canada - adjudicator concluded that fact that grievor was under great pressure from his family to register the trailer in D.G.'s name was no excuse for his action - adjudicator considered that grievor had undergone a great deal of emotional and financial hardship, that he voluntarily paid the GST prior to detection by the Department and that he had a long service and disciplinary-free record - in the circumstances the adjudicator did not believe that the bond of trust between the grievor and his employer was irretrievably broken - discharge too severe - penalty reduced to an eight-month suspension.

Grievance allowed in part.