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A labour relations tribunal has upheld the firing of a civil servant who used his government computer to indulge his car obsession, complain about his job, store electronic music files, and attempt to cheat on staffing competitions.
In a recent decision, the Public Service Labour Relations Board said the government had just cause to fire Marc Gravelle, a human resources assistant in the Department of Justice, in July 2011.
Gravelle had argued that the government did not prove he had abused the computer network, and that his abrupt firing ignored the principle of progressive discipline.
Adjudicator Renaud Paquet, however, concluded that Gravelle had severed the bond of trust required between the government and an employee.
“As a human resources assistant, he had access to confidential documents related to competitive processes,” Paquet said.
“He used that privilege for his own purposes and sent confidential documents to his own address. That constitutes a lack of integrity and very serious misconduct.”
During 12 days of evidence, the tribunal heard that in late 2009 Gravelle sent from his work computer to his home email account a series of government documents related to two staffing competitions to which he had applied. Among other things, the documents contained copies of the exams, the expected answers, draft rating guides, and a list of 108 candidates for those jobs, including their personal ID numbers and email addresses.
He also sent to his home email address a procedure to unlock password-protected files.
Gravelle, who ended up being screened out of the job competitions before writing the exams, had access to the documents by virtue of his position in human resources.
Justice department officials only discovered the security breaches after ordering an investigation of Gravelle’s Internet usage because of concerns that his low productivity was related to his interest in cars.
When they found out about the privacy breach, justice officials informed each of the 108 individuals involved and reported the incident to Canada’s privacy commissioner.
Denis Oullette, then Gravelle’s direct supervisor, told the tribunal that he often had to meet with Gravelle to discuss the inaccuracy and lateness of his work between April and December 2010.
In January 2011, Oullette and Gravelle swapped offices and phone numbers. Oullette was disturbed when he received a call from someone who wanted to discuss car repairs. (Gravelle testified that the phone call was from his father.)
Oullette told his superior that he suspected Gravelle was involved in some sort of “car business.” Valerie Schubert, Justice Canada’s director of client operations and senior management services, asked the government’s Information Technology Security section to investigate.
Investigator Denis Roussel examined Gravelle’s computer use, email traffic and web browsing history, and produced a massive, 392-page report in February 2011.
The report concluded that Gravelle was a heavy Internet user — he averaged more daily hits than IT employees — and that most of his activity consisted of searching for cars, yard equipment, engines, engine parts and tools on Google, Kijiji and Used Ottawa.
In his testimony at the tribunal, Gravelle said he used the Internet “for one minute here, one minute there” to escape from work and indulge his interest in cars and mechanical equipment. He admitted that he had a few items for sale on Kijiji, but insisted that he did not operate any kind of “car business.”
Roussel’s report reviewed Gravelle’s email between August 2009 and January 2011. It found that Gravelle exchanged 2,633 emails with another government employee during that time, more than 300 alone during one three-day period. Some 394 email messages between the two contained the word, “Kijiji,” in the message body. An equal number contained the words, “Used Ottawa.”
The investigator’s report also uncovered the fact that Gravelle stored 2,236 music files on the government’s computer network in a folder which he controlled. The folder, which could be accessed by other employees, contained more than 10 gigabytes of data.
In his report, Roussel concluded the music files may have contravened federal copyright legislation.
The investigator also found many emails in which Gravelle used profanity, vulgarity and other “unacceptable language.” He also complained about his job.
Gravelle was suspended without pay in February 2011, one day after senior department officials were handed Roussel’s final report.
Deputy Minister Myles Kirvan officially fired him in July 2011 for his “excessive and inappropriate use of the government’s electronic network to engage in business-type activities,” and for breaching the policy that governs use of that network.
Although he lost his government job, Gravelle did manage to convert his former hobby into a new career.
The tribunal heard that Gravelle has been working full-time at a car dealership since March 2011 and is now a licensed mechanic and auto technician.
Gravelle’s lawyer, David Yazbeck, said he could not comment on the tribunal’s decision. Gravelle could not be reached for comment.
aduffy@ottawacitizen.com
查看原文...
In a recent decision, the Public Service Labour Relations Board said the government had just cause to fire Marc Gravelle, a human resources assistant in the Department of Justice, in July 2011.
Gravelle had argued that the government did not prove he had abused the computer network, and that his abrupt firing ignored the principle of progressive discipline.
Adjudicator Renaud Paquet, however, concluded that Gravelle had severed the bond of trust required between the government and an employee.
“As a human resources assistant, he had access to confidential documents related to competitive processes,” Paquet said.
“He used that privilege for his own purposes and sent confidential documents to his own address. That constitutes a lack of integrity and very serious misconduct.”
During 12 days of evidence, the tribunal heard that in late 2009 Gravelle sent from his work computer to his home email account a series of government documents related to two staffing competitions to which he had applied. Among other things, the documents contained copies of the exams, the expected answers, draft rating guides, and a list of 108 candidates for those jobs, including their personal ID numbers and email addresses.
He also sent to his home email address a procedure to unlock password-protected files.
Gravelle, who ended up being screened out of the job competitions before writing the exams, had access to the documents by virtue of his position in human resources.
Justice department officials only discovered the security breaches after ordering an investigation of Gravelle’s Internet usage because of concerns that his low productivity was related to his interest in cars.
When they found out about the privacy breach, justice officials informed each of the 108 individuals involved and reported the incident to Canada’s privacy commissioner.
Denis Oullette, then Gravelle’s direct supervisor, told the tribunal that he often had to meet with Gravelle to discuss the inaccuracy and lateness of his work between April and December 2010.
In January 2011, Oullette and Gravelle swapped offices and phone numbers. Oullette was disturbed when he received a call from someone who wanted to discuss car repairs. (Gravelle testified that the phone call was from his father.)
Oullette told his superior that he suspected Gravelle was involved in some sort of “car business.” Valerie Schubert, Justice Canada’s director of client operations and senior management services, asked the government’s Information Technology Security section to investigate.
Investigator Denis Roussel examined Gravelle’s computer use, email traffic and web browsing history, and produced a massive, 392-page report in February 2011.
The report concluded that Gravelle was a heavy Internet user — he averaged more daily hits than IT employees — and that most of his activity consisted of searching for cars, yard equipment, engines, engine parts and tools on Google, Kijiji and Used Ottawa.
In his testimony at the tribunal, Gravelle said he used the Internet “for one minute here, one minute there” to escape from work and indulge his interest in cars and mechanical equipment. He admitted that he had a few items for sale on Kijiji, but insisted that he did not operate any kind of “car business.”
Roussel’s report reviewed Gravelle’s email between August 2009 and January 2011. It found that Gravelle exchanged 2,633 emails with another government employee during that time, more than 300 alone during one three-day period. Some 394 email messages between the two contained the word, “Kijiji,” in the message body. An equal number contained the words, “Used Ottawa.”
The investigator’s report also uncovered the fact that Gravelle stored 2,236 music files on the government’s computer network in a folder which he controlled. The folder, which could be accessed by other employees, contained more than 10 gigabytes of data.
In his report, Roussel concluded the music files may have contravened federal copyright legislation.
The investigator also found many emails in which Gravelle used profanity, vulgarity and other “unacceptable language.” He also complained about his job.
Gravelle was suspended without pay in February 2011, one day after senior department officials were handed Roussel’s final report.
Deputy Minister Myles Kirvan officially fired him in July 2011 for his “excessive and inappropriate use of the government’s electronic network to engage in business-type activities,” and for breaching the policy that governs use of that network.
Although he lost his government job, Gravelle did manage to convert his former hobby into a new career.
The tribunal heard that Gravelle has been working full-time at a car dealership since March 2011 and is now a licensed mechanic and auto technician.
Gravelle’s lawyer, David Yazbeck, said he could not comment on the tribunal’s decision. Gravelle could not be reached for comment.
aduffy@ottawacitizen.com
查看原文...
