The applicant Ministry sought judicial review of a Grievance Settlement Board decision reinstating a Transportation Enforcement Officer who was terminated after pleading guilty to off-duty indecent acts.
The Divisional Court allowed the application and upheld the termination, finding that the Board's decision was unreasonable.
The Board misapprehended medical evidence regarding the employee's long-term risk of reoffending and unreasonably diminished the significance of the Millhaven criteria for off-duty conduct, particularly the negative impact on the employee's credibility as a peace officer required to testify in court.
