Côté v. Canada ( Treasury Board )
A-77-92
Hugessen J.A.
22/6/93
11 pp.
Application for judicial review of decision by grievance adjudicator pursuant to Public Service Staff Relations Act -- Applicant, who was business file auditor with Revenue Canada (Taxation), discharged from position by decision of Assistant Deputy Minister on July 16, 1990-Internal investigation indicated applicant placed himself in conflict of interest situation by not disclosing financial interests in real estate brokerage firm, had access to computer system containing tax information on taxpayers without authorization and used documents for purposes other than those required by work -- Adjudicator's decision in employer's favour-Main point at issue sanction imposed by employer and adjudicator's decision to confirm it -- Examination of case disclosed no error of law -- In law question of whether employee's misconduct justifies discharge question of fact -- Applicant seemed incapable of distinguishing between private interests and those of employer -- Argument of applicant's counsel that client's actions "freak" occurrences of relatively little importance, because did not derive any direct pecuniary benefit, inadmissible -- Several acts involved from 1985 to 1988 -- Adjudicator took into account all relevant factors, and conclusion discharge imposed by employer justified unimpeachable -- Application dismissed.