HomeMy WebLinkAbout1984-0363.Themeliopoulos.84-12-06December 6, 1984
Memorandum
Re: 363/84 OBLEU (S. Themeliopoulos) and Crown/Cntario
'(Liquor Control Board of Ontario)
Enclosed is a copy of Prof. P. Craven's dissenting opinion
in the above-noted matter.
Please attach this to your copy of the majority decision
which,was recently issued by this Board. ~
TAl/ig
Encl.
I would have found that Ilr Themeliopoulos’ .iob at the LCRO
differed significantly from his Fast Office lob at least insofar
as the former involved overhead liftinc and stacking of heavy
1 i quor cartons. Mr Silk testified that cases are stacked five
and six high in the warehouse. It is also evidence that Mr
~Themel iopoulos was assisted in the heavier work at the Post
Office by a sympathetic co-worker.
There is no doubt that Mr Themeliopoulos’ credibilitv is
ser 10~51 y i n quest i on. There are a number of admitted
falsehoods, some of them in sworn testimony before another
arbitration board. I believe that examination of these
falsehoods discloses in everv case that Mr Themeliopoulos lied
with the sole intention of holding on to both of his jobs. I
think the evidence shows that this is no lonqer A realizable
intention.
Balancing all of the factors, I would have sub+tituted a
suspension for the discharge and reinstated Mr Themeliopoulos in
his position with the Liquor Contrdl Board, conditional upon
satisfactory proof of his resignation from the Post Office.
Paul Craven
3 December. 1984