Michael Lynk

The grievor, a nine-year employee of the LCBO, was terminated for accumulating Air Miles reward points on customer purchases to her own personal card on approximately 240 occasions over six months.

The union grieved the dismissal, arguing the grievor did not realize the seriousness of her actions and that the penalty should be mitigated.

The Grievance Settlement Board applied the CBC mitigation factors and the McKinley proportionality test, finding that the grievor's actions were premeditated, surreptitious, and repetitious.

The Board concluded that the employment relationship was irreparably broken and upheld the dismissal.

The grievor resigned from his employment and did not rescind his resignation within the statutory time limit.

The union filed a grievance alleging discharge without just cause, claiming the grievor did not intend to resign and was not competent to do so.

After the union presented its case, the employer brought a motion for a non-suit, arguing the union failed to establish a prima facie case.

The Grievance Settlement Board dismissed the employer's non-suit motion, finding that the union had met the standard of a prima facie case.

In accordance with Board practice, no reasons were provided for the denial of the motion.