A veteran correctional peace officer, who was suspended after making comments to CTV News, will not be awarded damages.
On April 21, 2015, CTV News obtained surveillance footage showing an inmate walking towards an officer behind a desk and throwing hot water on him before jabbing him with a broom.
CTV News showed the leaked video to Todd Ross, who had been working as a correctional officer for close to 30 years and had raised concerns about safety at the new Remand Centre in the past.
“It’s a shocking video. There’s a lot of violence that happens daily in the jail,” Ross said in the interview at the time.
Ross shared he was suspended previously after voicing those concerns, which led to a wildcat strike.
A few months later, on July 16, 2015, the province suspended him for three days without pay because of the comments he made to CTV.
He was later fired on November 20, 2015, over allegations he had lied to investigators about the leaked video and he had tampered with the investigation.
Ross filed a grievance regarding the suspension and termination, and an arbitrator sided with him.
His three-day suspension and termination were overturned and he was awarded damages equivalent to one-year’s salary on March 9, 2017.
Todd Ross spoke to CTV News on April 15, 2015.
Judge quashes arbitrator’s decision
The Alberta Union of Provincial Employees launched a lawsuit against the province, but the judge’s decision was unfavourable.
Justice Grant S. Dunlop found the arbitrator was reasonable in overturning the suspension but ruled the termination should be upheld.
“The arbitrator found that Mr. Ross repeatedly lied to fellow employees who were investigating the leaked video. The arbitrator found that those lies continued through Mr. Ross’s testimony at the arbitration hearing,” Dunlop wrote in his judgement.
He found Ross was untruthful throughout the investigation, which violates the Public Service Act, and as a result, the termination should be upheld.
He also quashed the arbitrator's decision to award him with one-year's salary in damages.
Ross told CTV News he plans to appeal the recent decision.
