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Taylor and Treasury Board (Solicitor General Canada - Correctional Service)
Before: R. Simpson
Appearances: C. Bourgeois, for the Grievor; R. Snyder, for the Employer
Decision rendered: January 15, 1996
Suspension (Indefinite) - Termination - Sexual assault - Credibility - grievor was a correctional officer at Springhill Institution in Nova Scotia, who had line authority over eighteen correctional officers and who was in charge of the Institution during certain offhour shifts - grievor suspended indefinitely and his employment subsequently terminated on the basis of his alleged sexual assault of a female correctional officer during her shift when grievor was in charge of the Institution - grievor denied the alleged assault - conflicting evidence given as to events related to assault - after considering the evidence and the circumstances the adjudicator concluded that the evidence of the female correctional officer was more credible than that of the grievor - adjudicator found that sexual assault occurred as alleged - adjudicator satisfied that penalty of discharge was within the parameters of discipline available to the employer to impose despite the fact that the grievor was a long term employee with no disciplinary record - because of the grievor's position of authority, his lack of remorse and his failure to appreciate the inappropriateness of his actions there could be no mitigation of penalty.