Dr. John Furedy

The grievor, a cashier in a government office, was discharged for allegedly stealing cash.

The employer relied on circumstantial evidence, a failed polygraph test, and a subsequent confession to police.

The Grievance Settlement Board held that the circumstantial evidence did not meet the clear and convincing standard of proof required for allegations of criminal conduct.

The Board conducted an extensive review of polygraph evidence, concluding it should be rejected on policy grounds and due to reliability concerns.

The Board also found the grievor's confession unreliable, as it was likely induced by the psychological pressures of the polygraph examination.

The grievance was allowed and the grievor reinstated.