Online evidence proves employee's dishonesty was premeditated
Pranav Bedi, a bus operator with the Toronto Transit Commission (TTC), was fired after his employer found evidence of dishonesty on Facebook.
At the time of his discharge in February 2014, Bedi had just returned from a trip to India, during which he was married. Months earlier, he had scheduled about six weeks away from work, beginning on Dec. 28, 2013, for the wedding and related preparations. He was granted permission to defer some of his 2013 vacation time for the trip.
Because of this deferral, Bedi did not have any vacation time left for 2013. Having exhausted his vacation leave, Bedi decided to call in sick in order to take time off for a trip to Las Vegas for his bachelor party.
On Dec. 13, 2013, Bedi called in sick with a note from his doctor. Bedi told his doctor he had injured his back the day before while lifting boxes at home and was advised not to return to work before Dec. 17. Later that day, Bedi left with his brother for Las Vegas.
He did not return to work again until Dec. 20. While three of the relevant days were Bedi’s regularly scheduled days off, Bedi called in sick for the remainder of the time in question.
On Dec. 19, the employer received an anonymous letter alleging Bedi was not sick but in fact celebrating his bachelor party in Las Vegas, citing posts to Bedi’s Facebook page as evidence.
Bedi had a public Facebook account, meaning his pictures and posts were publicly available. Management conducted a search of Bedi’s page finding two posts and about 80 photos showing Bedi in Las Vegas visiting hotels, casinos, restaurants, bars and tourist sites.
One of the posts — posted by Bedi’s brother — reads in part, "Vegas tonight! Can’t wait! Brother’s bachelor party is gonna be fun! OMG can’t wait!"
Bedi returned to work on Dec. 20, 2013. On Dec. 23, he met with management to discuss the situation. The employer’s investigation was ongoing, however, when Bedi left on his pre-arranged six week leave to India.
Bedi was scheduled to return to work on Feb. 16, 2014. He called in sick, however, claiming jet lag.
When Bedi returned to work on Feb. 21, he was interviewed a second time by management. Bedi maintained he was absent from work in December due to back pain. When confronted with evidence of his trip to Las Vegas, Bedi continued to deny any wrongdoing.
Following the meeting, Bedi was dismissed without pay for fraudulently claiming and accepting benefit payments for sick benefits.
The Amalgamated Transit Union Local 113 filed a grievance on his behalf, requesting Bedi be reinstated and claiming all lost wages as well as other appropriate remedies.
Bedi claimed he did not know he couldn’t travel while on sick benefits. He said he only went on the trip at the last minute because he began to feel better. He expressed remorse and promised a similar incident would never reoccur. Bedi also offered to return the money he wrongfully received through his sick benefit application.
The employer, however, submitted Bedi was intentionally fraudulent and dishonest. Bedi’s dishonesty went to the root of the employment relationship and the employer asserted Bedi was justly terminated, requesting the grievance be denied.
Arbitrator Owen B. Shime determined there was just cause to discharge Bedi, saying he engaged in a premeditated course of conduct that was blatantly fraudulent.
"His remorse was not spontaneous and cannot be considered remorse for his conduct in this particular context," Shime said. "Rather it is remorse for losing his job."
Reference: Toronto Transit Commission and the Amalgamated Transit Union Local 113. Owen B. Shime — arbitrator. Marni Tolensky for the employer, Carlo Di Giovanni for the union. October 2014.
