C-099 - Conduct Authority Decision

The Appellant appealed the decision of the Conduct Authority (Respondent) who found that he contravened section 8.1 (Reporting) and section 3.3 of the Code of Conduct. The Respondent found the following three allegations established: the Appellant provided inaccurate statements during a conduct meeting in another conduct process (Allegation 2), he failed to comply with an Order of Suspension (Allegation 3), and he provided inaccurate statements about the reasons he failed to attend the detachment as required by the Order of Suspension (Allegation 4). Allegation 1 was initially formulated against the Appellant, but was not included in the Notice of Conduct Meeting. The Appellant is also appealing the conduct measures imposed, which consist of three forfeitures of pay: 17 days’ pay for Allegation 2, five days’ pay for Allegation 3, and eight days’ pay for Allegation 4.

The Appellant argued that the decision was reached in a procedurally unfair manner since the Respondent was biased against him. He also argued that the decision and conduct measures were clearly unreasonable.

The ERC found that the Appellant did not establish a reasonable apprehension of bias. The ERC also found that the Appellant did not establish that the Respondent’s failure to gather evidence pertaining to his medical diagnosis was clearly unreasonable. Next, the ERC found that the Respondent applied the proper test under section 8.1 of the Code of Conduct. The ERC also found that the Appellant did not establish that the Respondent made a reviewable error in determining that Allegation 4 was established. Lastly, the ERC found that the conduct measures imposed are not clearly unreasonable.

The ERC recommends that the appeal be denied.