Ontario Public Service Employees Union (Carmichael) v. The Crown in Right of Ontario (Liquor Control Board of Ontario), 2010 CanLII 74575

1On August 31, 2009, the grievor in this case, Mr. Gordon Carmichael, was caught stealing a bottle of Crown Royal liquor from his employer, the Liquor Control Board of Ontario (the “LCBO”). Mr. Carmichael was employed at the Durham Retail Service Centre, also referred to as the Durham warehouse. He was discharged for his conduct and it is that grievance which is before me. The grievance reads, “I grieve I have been dismissed without just cause” and the remedy sought is: “To be made whole - reinstated to my position. Reimbursed retroactively for all lost wages, benefits and seniority with interest. Any other remedies deemed appropriate by the arbitrator.”

2I heard from six witnesses in this case. Mr. Neil Lenihan, Human Resources Manager, and Mr. Vic Araujo, General Manager Operations, both of whom are employed at the Durham warehouse, testified on behalf of the employer. To preserve the privacy of some of the union’s witnesses in this case I will refer to them by their initials. The union called: the grievor; Ms. M, his wife; the grievor’s former spouse, Ms. W; and Mr. Odel Dignard, a former Drug and Alcohol Counsellor at the