Can an employer discipline or terminate an employee for
misconduct without physical evidence of the misconduct?
A recent arbitration decision in Saskatchewan Polytechnic v.
Saskatchewan Polytechnic Faculty Association, 2019
CarswellSask 499 demonstrates that in some cases, the basis to
discipline an employee for misconduct can be established with
consistent, clear and credible witness testimonies.
Background
The grievor was a paramedic instructor for the employer. The
grievor's employment was terminated following complaints that
he had been secretly taking inappropriate photos of female students
in the fitness centre and in a classroom.
Multiple students complained that the grievor appeared to be
surreptitiously taking photographs of female students in the
fitness centre and classroom in compromising positions. The grievor
denied taking the photos.
