Had worked two years while charges went to trial
After a public trial that resulted in a Saskatoon Correctional Centre (SCC) correctional officer being convicted of theft under $5,000, the worker was dismissed.
The 10-year veteran employee, identified as “LR,” was convicted in December 2014 of the theft and sentenced to one year of house arrest. She had been entrusted with the finances of her great uncle, who was unable to care for himself.
She had been appointed public guardian in 2009 but was charged with theft over $5,000 on Aug. 8, 2012. LR told the employer immediately and an investigational interview took place the same day.
During the meeting, LR became very emotional and explained the charge was a misunderstanding over gas receipts and in any case it should have been $2,500, not more than $5,000.
After the meeting, she was placed on administrative leave and given a letter that said: “This is not a disciplinary action, but is intended to allow time to review the issues thoroughly and to determine appropriate action.”
During another meeting on Aug. 30, LR continued to insist the charges were a mistake and nothing criminal had happened.
Two more interviews on Oct. 10 and Nov. 15 yielded the same result.
The next day, LR returned to work after Glen Munro, SCC director, decided to allow her back but with restrictions against handling money or being involved with prisoner case management.
She remained on the job until her conviction in 2014, for theft under $5,000.
The trial was published in the local Saskatoon StarPhoenix newspaper and it identified LR as a correctional officer and published an accompanying photo.
Pat Sommervill, the new SCC director, had an interview with LR the day after her conviction. She again explained the charge remained a misunderstanding and she planned an appeal against the conviction.
Eventually, on Jan. 15, 2015, LR was terminated after Sommervill decided she showed no remorse for the conviction.
“Your explanation given to the employer, that you were involved in an innocent misunderstanding concerning travel expenses between Saskatoon and Porcupine Plain, does not align with the findings in court. You have not been forthright or honest with the employer and you continue to deny being involved in any misconduct,” read a letter from the SCC.
The publicity from the newspaper brought “public disrepute to and negatively reflects on the centre and the ministry as a whole,” read the letter.
The union, Saskatchewan Government and General Employees’ Union, grieved the dismissal and argued it should have been reduced to a suspension.
And the fact that LR worked for two years after being charged, and was discipline-free during that time, meant the employer-employee relationship was not damaged beyond repair, according to the union.
Arbitrator Allen Ponak dismissed the grievance.
“I conclude that the grievor was not forthcoming with her employer because she was attempting to cover up her wrongdoing. This behaviour continued during the trial and does not show recognition of wrongdoing. Nor did the grievor display contrition following her conviction,” he said.
The nature of the crime was also a reason to uphold the termination, said the arbitrator. “She stole money for her personal use from a vulnerable family member with limited financial resources who was under her care. It is hardly a stretch to note that correctional officers daily supervise vulnerable people under their care,” said Ponak.
Because the trial was covered by the local newspaper, it caused harm to the employer, he said.
“The very negative publicity surrounding the grievor’s conviction is another factor that I have taken into account. The media’s role ought not to be determinative as to whether a person retains employment or not, but I am satisfied that the newspaper articles identifying the grievor as a Saskatoon correctional officer was very damaging to the employer’s reputation," according to Ponak.
Reference: Government of Saskatchewan Public Service and Saskatchewan Government and General Employees’ Union. Allen Ponak — arbitrator. Robert Winter for the employer. Glenn Billingsley for the employee. June 16, 2017.
