The City of Vernon is currently “considering its options” to appeal a decision that forces it to re-hire a fire captain, who was fired after engaging in sexual activity with another fire department employee.
The city lost its appeal with the Labour Relations Board (LRB) last week, meaning the city must re-hire Capt. Brent Bond.
Bond was dismissed from his job in March, 2018 after he was caught on surveillance video engaging in what’s been described as a “brief episode of consensual sexual activity” with a dispatcher.
The incident took place in the office of the fire chief.
The B.C. International Association of Fire Fighters (IAFF) argued that while the city had just and reasonable cause to discipline both employees, the firings were excessive.
The majority of the Arbitration Board agreed and ruled that while “harsh discipline” was warranted, termination was excessive.
Bond was re-instated back into the Vernon Fire Rescue Services in March this year
But he city appealed the majority decision to the LRB, who can only overturn an arbitration decision if one side was denied a fair hearing, or if the arbitrator did something inconsistent with the labour code.
The LRB cannot overturn an arbitration decision simply because it disagrees with the outcome.
The LRB concluded that while it may have decided the case differently than the majority of the Arbitration Board, that was not a basis to overturn the decision.
It has now concluded that since the Arbitration Board went through the proper process, the LRB has no jurisdiction to interfere with the outcome, even if it disagreed with it.
In a news release issued Monday, the city said it believe its decision was the correct one.
It goes on to say, “Having sex in an open manner, with a subordinate, while on duty in the fire hall must be grounds for termination. We cannot tolerate a workplace environment where this type of activity is carried on by a commanding officer.”
As a result, the city is now considering its next steps to further appeal the reinstatement decision.
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