The appellant, a police officer, appealed a finding of guilt for insubordination and the resulting penalty of forfeiture of seven days' pay.
The charges arose after the appellant was quoted in a newspaper article discussing ongoing disciplinary charges against him and making derogatory comments about the police service.
He subsequently refused to comply with five orders (four written, one verbal) to attend an investigative interview, acting on the advice of his legal counsel who argued the notices lacked sufficient detail.
The Commission dismissed the appeal, finding that the notices complied with the Police Services Act and constituted lawful orders.
The Commission held that reliance on legal advice does not provide a lawful excuse for a police officer to disobey a lawful order, and upheld the penalty as appropriate.