Dr. W.V. McDermott

The grievor, a correctional officer with 12 years of unblemished service, was discharged after slapping a fellow officer in the face following an incident of horseplay where the co-worker kicked a heavy metal door shut, nearly catching the grievor's hand.

The employer terminated the grievor for intentional use of force and lack of candour during the investigation.

The arbitrator found the slap was a reflexive, spur-of-the-moment reaction rather than premeditated, and that the grievor had shown genuine remorse.

Applying the Reville factors, the arbitrator concluded that discharge was too severe given the grievor's stellar record, the isolated nature of the incident, and positive psychological assessments.

The grievance was allowed in part, substituting a one-month suspension for the discharge.

The grievor, a correctional officer acting as an Operational Manager, was discharged after slapping a fellow correctional officer in the sally port of the Windsor Jail following an incident of horseplay where the fellow officer kicked a heavy metal door shut, nearly catching the grievor's hand.

The union grieved the discharge, conceding the conduct warranted discipline but arguing discharge was too severe.

The arbitrator applied the Reville factors and found that the grievor's long history of stellar performance, the isolated nature of the incident, his genuine remorse, and the expert psychological evidence supporting his successful reintegration warranted mitigating the penalty.

The grievance was allowed in part, and the discharge was substituted with a one-month suspension, conditional upon a formal apology.