C-095 - Conduct Authority Decision

The Appellant appealed the Conduct Authority’s (Respondent) decision to impose 40 hours’ forfeiture of pay and a written reprimand. The Respondent found established two allegations that the Appellant failed to be diligent in the performance of his duties, contrary to section 4.2 of the Code of Conduct. The Appellant submits that the Respondent failed to consider the Force’s duty to inquire. He further argues that the conduct measures imposed are disproportionate to the contravention and that the Respondent considered irrelevant aggravating factors.

This appeal stems from the Appellant’s failure to complete tasks assigned to him by his supervisor while the latter was away on leave. The Appellant has worked for the RCMP for more than 30 years and, in the last few years he has developed health challenges which affected his work performance. The Respondent initiated a fact-finding process and, after a conduct meeting, found the two allegations established. The Appellant appeals the finding regarding Allegation 1 and the conduct measures. He requested that they be rescinded, that the Respondent’s decision be removed from his file and to be “made whole”.

The ERC found that the Force had not failed in its duty to inquire. The Appellant was accommodated according to his limitations and restrictions. It was his responsibility to inform his employer if he needed further accommodation. In regards to the conduct measures imposed, the ERC found that the Respondent did not err in considering the Appellant’s prior misconduct, even though it was not recent. It further found that the Appellant’s long career could be considered an aggravating factor since he was a senior civilian member and a supervisor. Lastly, the ERC found that the conduct measures imposed by the Respondent fell within the framework of the Conduct Measures Guide for this type of allegation.

The ERC recommends that the appeal be dismissed.