The applicant police officer pled guilty to misconduct and was demoted.
He subsequently went on extended sick leave, which impacted the financial consequences of his penalty.
After an arbitrator dismissed his grievance regarding the penalty's implementation, the applicant brought a motion under section 78 of the Police Services Act asking the Commission to vary the penalty or return it to the Hearing Officer.
The Commission dismissed the motion, finding it lacked jurisdiction under section 78 to revisit a penalty due to changed circumstances, and that the applicant was barred from relitigating the issue by the doctrine of issue estoppel.
