Dispute over hidden camera sex in B.C. fire chief’s office

Hidden camera in chief’s Vernon office captures sexual romp between two employees

A hidden surveillance that captured something rather unexpected is the focus of a dispute between the Vernon Professional Firefighters Association IAAF Local 1517 and the City of Vernon.

One firefighter and a fire service employee were terminated in March after being caught by the hidden camera having sex in now fire chief David Lind’s office (Lind was interim chief at the time of the incident).

The camera had been installed four months prior to watch if someone was going through Lind’s locked file cabinet.

An arbitration panel ruled 2-1 in favour of the city being able to use the video footage of the dalliance to support their reason for termination.

The union filed grievances on behalf of the terminated employees, acknowledging what’s on the video as a “deeply personal and compromising interaction,” but, at the same time, “the union does not agree to stipulate for this arbitration to an admission to this activity. It asserts the employer must discharge its legal onus to prove each dismissed employee engaged in activity justifying disciplinary dismissal without adducing into evidence privacy invading covert surveillance video camera footage.

“If the employer cannot discharge its onus without reliance on this video footage, its predicament is a consequence of its flawed investigatory approach from which neither the union nor the board has any responsibility to rescue the employer.”

The city has said if the video is ruled inadmissible, it “will allow the employees to go unsanctioned for egregious workplace misconduct.”

The panel is chaired by lawyer James E. Dorsey and includes retired Vancouver Fire Rescue Services Chief John McKearney, and IAAF vice-president Emeritus Lorne West. Dorsey and McKearney voted to dismiss the union’s application to exclude the video footage from the admissible evidence over the firefighters’ terminations.

“…This surreptitious surveillance as conducted by the employer was both a necessary collection of employee personal information for an investigation of employee misconduct and to manage the employment relationship and a reasonable exercise of management authority in all of the circumstances,” wrote Dorsey and McKearney in the decision.

“It was narrowly focused surveillance based on a genuinely held suspicion with minimal invasion of employee privacy.”

West respected his colleagues’ opinions, but disagreed, and said Lind’s testimony during the hearing was not believable.

“That includes whether or not the file cabinet in question was locked or unlocked,” said West, adding he felt Lind’s testimony was ‘scripted and rehearsed.’

“To be frank, the employer appears to believe they had found grounds to remove an employee, who was a strong leader within the union membership,” said West. “Was it coincidental or was the employer looking for this and then built the back story to fulfill that need?”

The City of Vernon does not comment on personnel matters, and will not provide additional information in this matter as it remains before an arbitration panel.



roger@vernonmorningstar.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Revenue Canada, RCMP don’t accept Bitcoin: police

RCMP issue Bitcoin warning posters

Mat program not quite ready to open its doors

Committee hopes to bring people out from the cold with overnight shelter program

Ponoka County writes off quarter of a million in taxes

Bankrupt energy companies hitting county financially

Kids across Canada more at risk of hospitalization from flu this season: doctor

Dr. Theresa Tam said influenza B does not usually peak until February or later

RCMP Major Crimes Unit lays charges in Stettler death

Nicholas Climb Johnson, 32, of Stettler is charged with second degree murder in the death of his father

‘Manny’s Motel’ badly damaged by fire Jan. 15

Police say 40 Ave. closed due to fire, use alternate route

Metis nations ask Ottawa to negotiate directly with them, not national body

Three provincial Metis nations will work through the national council until after the federal government releases its 2020 budget

Canada to give $25,000 to families of each Canadian who died in Iran plane crash

Prime Minister Justin Trudeau also made it clear that Canada still expects Iran to compensate victims

Oil and gas industry applauds top court’s dismissal of B.C.’s Trans Mountain case

The high court’s ruling Thursday removes one of the remaining obstacles for the project

Sylvan Lake RCMP seek assistance in locating missing male

Mark Crier, 17, was last seen in Sylvan Lake on Jan. 13

UPDATE: Supreme Court dismisses B.C.’s appeal in Trans Mountain pipeline case

Judges decide whether B.C.’s power to protect environment can include impeding a federal project

Alberta says universities over-budget; need to freeze travel, hiring, hosting

Demetrios Nicolaides says spending is not meeting expectations

Most Read