HR staffer at DND fired for forging letters, resumes

Federal Court upholds right of adjudicator to award notice in lieu of reinstatement, even if the adjudicator thinks termination was too severe a penalty
By Todd Humber
|Canadian Employment Law Today

A former human resource staffer who worked for 12 years at the Department of National Defence had his attempt to have his job reinstated dismissed by the Federal Court of Canada. The decision reaffirms the right of adjudicators to award damages in lieu of returning an employee to the job.

Carl Gannon was seeking re-instatement on the grounds that the adjudicator’s decision to award him six-months’ notice in lieu of returning him to the job was incorrect because the same adjudicator said that termination was too severe a punishment.

Gannon was fired from his job as an HR advisor in the human resources division at the naval base in Halifax on Oct. 26, 2000, following a number of reprimands for misconduct. He was under suspension at the time and the dismissal was retroactive to the date he was suspended.