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Dismissal for Intimidation Upheld by Federal Adjudicator
June 25, 2007

The dismissal of a federal civil servant – who threatened fellow workers after they implicated him during the employer’s theft investigation – has been upheld by a Canada Public Service Labour Relations Board adjudicator.

During an investigation into the disappearance of its computer equipment, some employees told their employer, the federal Department of Finance, of their suspicions that the grievor took the equipment. The department then interviewed the grievor and told him about the suspicions.

After the interview, the grievor sent emails to his fellow workers, including an email with a picture of a firearm. He also separately approached two other employees who had implicated him and told them that he was experienced with firearms and he “would not miss” them, even from long distance.

The employer discharged the grievor for cause. The adjudicator upheld the dismissal, concluding that the grievor’s intent was to intimidate other employees and that such conduct was in breach of the obligations of trust that an employer was entitled to expect of an employee.

Robillard v. Treasury Board (Department of Finance), 2007 PSLRB 41 (QL) (Tessier)