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Queen's University

Communications, Energy and Paperworkers

An employee with a gambling addiction broke into a co-worker's locker, stole her bankcard, withdrew $1600 from three ATMs and split the money with an accomplice from outside the workplace. The employee spent her half of the money gambling. When she was fired, she filed a grievance claiming that the employer should rehabilitate her, not punish her, for what amounted to non-culpable misconduct: it was the gambling addiction that had compelled her to steal the money so that she could gamble. The Arbitrator dismissed the grievance. He claimed that the employee was fired not for gambling (non-culpable conduct) but for repeated acts of premeditated theft (culpable conduct).  The discharge was upheld.

Kingston, Ontario, Canada. K7L 3N6. 613.533.2000