Border agency acted in 'bad faith' when it fired employee over $26 million loss: labour board

The Canada Border Services Agency acted «deceitfully» when it fired a woman without a proper investigation — while shielding others from liability — after the border agency failed to collect roughly $26 million in duties, says the federal public service labour board.

«In all, the employer's egregious conduct in this matter consisted of bad faith,» the Federal Public Sector Labour Relations and Employment Board said in a recent decision.

«The employer deceitfully disguised its failure to conduct a proper investigation, to give it the appearance of due process.»

The case was brought forward by Anne Kline. She was fired by the CBSA in 2018 after the agency accused her of negligence resulting in the loss of about $26 million in import duties it could have imposed against a company.

After a years-long process, the labour relations board (an independent quasi-judicial tribunal) ruled this summer that there was nothing to indicate Kline was negligent — and the CBSA didn't even mount a proper investigation.

«While the reasons for the failure to investigate remain unclear, it is clear that the employer's choices were well suited to shielding those other than [Kline] and poorly suited to determining the actual reasons for the timeline in the company's file,» said the decision.

You can read the decision here.

The board's decision said the person who led the disciplinary process against Kline, Brent McRoberts, was directly implicated in the file and his actions sidestepped his «potential responsibility or culpability.»

While Kline ultimately won her grievance, the labour board's final decision said she was hurt and blindsided by CBSA's actions and still struggles with her self-confidence years later.

Speaking through her lawyer, Kline