In a preliminary award, an Ontario arbitrator allowed covert
video surveillance footage to be used as evidence in a wrongful
dismissal grievance. The complainant, Mr. Donnelly, was one of
three elementary school custodians dismissed for allegedly smoking
marijuana, adjacent to school grounds during working hours.
The wrongful dismissal case between Ottawa-Carleton District
School Board and Ontario Secondary School Teachers' Federation,
District 25 (Donnelly Grievance) was mediated by Arbitrator
Knopf.
The three dismissed custodians were reported by a fellow
employee who maintained alleged marijuana use and trafficking,
while at work. Following the report, the Board's Director of
Human Resources sought approval to hire a private security company
to conduct covert video surveillance. The surveillance team was
strictly instructed to record only illegal drug use within the
vicinity of the school. Following such footage being obtained, the
complainant was reprimanded
