John Peter Zarudny

Two off-duty police officers appealed their convictions and penalties (two and three days leave) for arresting a taxi driver for impaired driving without sufficient cause.

The officers claimed the driver showed signs of impairment, but on-duty officers found no evidence of impairment and a breath test was negative.

The hearing officer resolved the credibility issue against the officers.

The Ontario Civilian Police Commission upheld the convictions, finding ample evidence to support the credibility finding.

The Commission confirmed the penalties, noting they considered increasing them but refrained because Force counsel did not seek an increase.

Two off-duty police officers appealed their convictions and penalties under the Police Act for arresting a taxi driver for impaired driving without sufficient cause.

The officers claimed the driver showed signs of impairment, but subsequent breath tests were negative and other officers found no evidence of impairment.

The Ontario Civilian Police Commission dismissed the appeal, finding ample evidence to support the Hearing Officer's credibility findings against the officers.

The Commission confirmed the penalties, noting it considered increasing them but refrained because Force counsel had not sought an increase.

The grievor, a management-level employee, filed a grievance after receiving a 3% merit increase without the formal notification or consultation required by the employer's Manual of Administration.

The employer raised a preliminary objection, arguing that the Public Service Grievance Board lacked jurisdiction because the Manual of Administration does not constitute 'working conditions or terms of employment' under Regulation 881 of the Public Service Act.

The Board dismissed the preliminary objection, holding that 'working conditions or terms of employment' must be interpreted broadly and encompasses the integrated process of performance appraisal, merit pay determination, and employee consultation.

The Board assumed jurisdiction to hear the grievance on its merits.