Dishonest behavior during investigation leads to dismissal
A TECHNICAL FIELD representative was fired after he filed fraudulent work claims.
Terry Campbell, who worked for Shaw Cable Systems in British Columbia, had previously been disciplined for a similar incident.
The work done by technical field representatives is reported using a series of codes which serve as the basis of the employee’s wages. On Oct. 19, 2011, Campbell claimed codes for the installation of Internet, telephone and television services.
The employer maintains the services were not properly installed and, by coding for all of the work, Campbell claimed for more money than he had earned.
During the course of the investigation into the incident, the employer claims Campbell caused a breach of confidentiality, contrary to the company’s Business Conducts Standards. Campbell called dispatch at the Shaw Tower and had an employee pull up information on the work orders being investigated.
Campbell asked the employee to make a call and relay the pertinent information for him, as he did not understand some of the technical aspects of the work orders.
The number Campbell gave the employee belonged to his union rep. By sharing customer information with an outside source, both Campbell and the dispatch employee were found to have breached confidentiality.
The employee was subsequently disciplined and Campbell received a three-day suspension for "fraudulent miscoding, poor customer experience and breach of confidentiality."
In April 2013, Campbell was fired after a series of quality assurance checks revealed he was once again reporting work orders inappropriately.
He was dismissed for "just cause, including but not limited to fraudulently claiming incomplete work as completed, despite previous discussions and discipline for this issue."
Campbell’s union —the International Brotherhood of Electrical Workers (IBEW) Local 213 — grieved both the suspension and the dismissal.
The union said Campbell completed the October 2011 work orders to the extent required to claim payment via the codes, arguing there was no cause for discipline. With respect to the April 2013 work orders, the union allowed Campbell was "sloppy" and delivered "less than stellar service," but argued dismissal was excessive in the circumstances.
The series of quality assurance checks, however, pointed to something more serious than an "honest mistake," the board found. There were three instances where Campbell performed work the employer characterized as "sloppy" and one instance where he submitted a work order falsely implying he had done work, when in fact he had made no efforts.
According to the board, Campbell’s reckless behavior in submitting false work orders, his dishonesty during the subsequent investigations and his apparent attitude towards the guidelines regarding confidential information suggested serious discipline was justified.
"Dismissal was not an excessive response in all of the circumstances of the case," said arbitration chair John B. Hall, employer nominee Carol Gibson and union nominee Rav Ghuman.
Reference: Shaw Cable Systems and the International Brotherhood of Electrical Workers (IBEW) Local 213. Arbitration board — John B. Hall, chair; Carol Gibson, employer nominee; Rav Ghuman, union nominee. Peter Sheen for the employer, Brandon Quinn for the union. June 9, 2014.
