The Complainant, an Oracle Business Analyst, was discharged after an investigation found a USB key belonging to him contained drafts of anonymous emails making false allegations against his Branch Director, as well as highly confidential government documents.
The Association grieved the discharge, arguing the evidence was entirely circumstantial and did not conclusively prove the Complainant's involvement.
The Grievance Settlement Board applied the civil standard of proof (balance of probabilities) and rejected the application of the Rule in Hodge's Case to circumstantial evidence in arbitration.
The Board found it more likely than not that the Complainant was involved in sending the anonymous emails and knowingly possessed the confidential documents.
Given his steadfast denial and lack of remorse, the Board upheld the discharge and dismissed the grievance.
