The appellant police officer appealed a Hearing Officer's decision finding her guilty of misconduct for leaving her service firearm unattended in an open locker, for which she was ordered dismissed.
The Ontario Civilian Police Commission upheld the misconduct conviction, finding clear and convincing evidence that the locker was left unsecured.
However, the Commission allowed the appeal against penalty.
Relying on uncontradicted medical evidence that the appellant suffered from depression and stress-related cognitive impairments, the Commission found that the employer failed in its duty to accommodate her treatable mental disability.
The penalty of dismissal was reduced to a demotion to 4th Class Constable for a twelve-month period to allow for rehabilitation and supported supervision.
