2 total
Appeal of dismissal for discreditable conduct dismissed; repeated marijuana use and criminal convictions outweighed accommodation duty.
The appellant, a police officer with a history of post-traumatic stress disorder and substance abuse, appealed a hearing officer's decision ordering him to resign or be dismissed after pleading guilty to discreditable conduct.
The charge arose from his criminal conviction for possessing marijuana while suspended for a previous incident of smoking marijuana at work.
The appellant argued the hearing officer failed to properly consider the employer's duty to accommodate his disability and his subsequent rehabilitation.
The Commission dismissed the appeal, finding that the hearing officer appropriately weighed the employer's accommodation efforts against the appellant's repeated criminal misconduct, history of deception, and the potential damage to the police service's reputation.
Appeal of police officer's dismissal for discreditable conduct related to illegal marijuana use dismissed.
The Appellant, a police officer, appealed a penalty of resignation or dismissal imposed after he pled guilty to discreditable conduct.
The misconduct stemmed from his heavy marijuana use, which resulted in a criminal conviction for possession of a controlled substance.
The Appellant argued that the Hearing Officer failed to properly consider his substance abuse disability, his rehabilitation efforts, and the Service's duty to accommodate.
The Ontario Civilian Police Commission dismissed the appeal, finding that the Hearing Officer properly weighed the Service's accommodation efforts against the Appellant's repeated criminal misconduct, history of deception, and the potential damage to the Service's reputation.
The penalty was upheld as reasonable and just.
No co-appearing lawyers found.
No judges found.