Dr. M.H. Ben-Aron

The grievor, a rehabilitation counsellor, was discharged after pleading guilty to off-duty charges of gross indecency and sexual assault involving young boys.

The employer argued the discharge was justified due to the nature of the crimes, the grievor's disruptive behaviour at work, and resistance from co-workers.

The Grievance Settlement Board found that while the grievor's crimes were repugnant and his workplace behaviour difficult, the employer failed to apply progressive discipline for his workplace misconduct.

The Board ordered the grievor reinstated without compensation, subject to strict conditions including ongoing psychiatric treatment and placement in a non-field position.