For­mer Cor­rec­tions of­fi­cer loses bid to re­tain job

The Drumheller Mail - - SPRING HOME & GARDEN GUIDE - Pa­trick Ko­lafa

A for­mer cor­rec­tions su­per­vi­sor at the Drumheller In­sti­tu­tion who com­pleted the al­ter­na­tive mea­sures pro­gram to deal with charges out­side the tra­di­tional court sys­tem, has lost his bid to be re­in­stated in his em­ploy­ment.

In Jan­uary of 2013, charges of pos­ses­sion of stolen prop­erty, pos­ses­sion of the pro­ceeds of crime and theft un­der $5,000 were with­drawn against Nathan Shan­dera. The charges were re­lated to the dis­ap­pear­ance of two video cam­eras and just over $1,000 from the Drumheller In­sti­tu­tion. One of the cam­eras was sold on eBay to a Que­bec ad­dress and one was pur­chased by the Drumheller RCMP and shipped to an RCMP cor­po­ral in Cal­gary. Shan­dera was ter­mi­nated from his po­si­tion by War­den Darcy Emann on Jan­uary 15, 2013.

Shan­dera filed a griev­ance against Cor­rec­tions Ser­vice of Canada (CSC) ask­ing that he be re­in­stated to his em­ploy­ment with dam­ages. At the hear­ing in front of the Pub­lic Ser­vice Labour Re­la­tions and Em­ploy­ment Board, Shan­dera in­di­cated he was no longer seek­ing re­in­state­ment, but in­stead a pub­lic apol­ogy from CSC.

The Pub­lic Ser­vice Labour Re­la­tions and Em­ploy­ment Board hear­ing was heard in Cal­gary from March 1-4 2016. On March 17, 2017, it re­leased its de­ci­sion.

In its rul­ing, in weigh­ing the ev­i­dence brought for­ward to the hear­ing Dave Olson of the board wrote in the de­ci­sion “I am sat­is­fied that the em­ployer met its bur­den of demon­strat­ing that on a bal­ance of prob­a­bil­i­ties, which is the bur­den of civil cases, it is more likely than not that the grievor re­moved the two cam­eras with­out au­tho­riza­tion from the In­sti­tu­tion and then at­tempted to sell them on eBay.”

In ref­er­ence to the miss­ing $1,000, “I con­clude that the em­ployer has es­tab­lished on a bal­ance of prob­a­bil­i­ties that is more likely than not that Mr. Shan­dera took the cash from the vault.”

With these con­clu­sions the board dis­missed the griev­ance and that War­den Emann was “jus­ti­fied in con­clud­ing that the em­ploy­ment re­la­tions had been bro­ken be­yond re­pair by the Grievor’s ac­tion.”

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