Dr. M. Hoffer

The grievor, a probationary full-time customer service representative at the LCBO, was discharged after covert surveillance revealed he committed seven acts of theft totaling $376.40 by processing fraudulent voids and returns.

The union grieved the discharge, arguing that the grievor's actions were mitigated by depression, Attention Deficit Disorder, and alcohol abuse following a romantic breakup.

The arbitrator dismissed the grievance, finding that the medical evidence failed to establish a causal connection between the grievor's condition and the deliberate, repeated acts of theft.

Given the grievor's probationary status, the seriousness of the breach of trust, and the need for general deterrence, the arbitrator declined to substitute a lesser penalty.

The grievor, a probationary full-time customer service representative at the LCBO, was discharged after being caught on hidden camera committing seven acts of theft totaling $376.40 over two days.

The union grieved the discharge, arguing that the grievor's actions were mitigated by depression, Attention Deficit Disorder, and alcohol abuse following a breakup.

The arbitrator dismissed the grievance, finding that the medical evidence failed to establish a causal connection between the grievor's emotional state and the deliberate, planned thefts.

Given the grievor's probationary status, the seriousness of the breach of trust, and the need for general deterrence, the arbitrator declined to substitute a lesser penalty.