The dismissal of the engineer Yves Themens, including a survey of the City of Montreal has revealed that he kept travel photos with contractors and dozens of pornographic images on his computer, was justified ruled an administrative law judge.
The testimony of the former City Engineer "does not hold water" according to Pierre Cloutier judge of the Administrative Labour Court, which heard three different versions of Mr. Themens for stays outside the country to charges entrepreneurs.
"The Tribunal does not believe his version and concluded that not only the complainant did not pay living expenses at the Hotel Marival, but he lied by claiming a first time, then a second and a third time that he had paid them, "wrote judge Cloutier in his judgment.
He especially denied having been hosted toll in the Dominican Republic during two trips to resorts owned by relatives of the entrepreneur Lino Zambito of Infrabec Construction.
During both trips, Mr. Themens was accompanied by his colleagues Luc Leclerc and Gilles Surprenant, who admitted their tricks before the Charbonneau commission.
An individual 'naive'
The judge has not been outspoken in his judgment against the plaintiff. "You have to be naive, poor judgment or demonstrate willful blindness to believe that entrepreneurs organize activities that city employees were eligible for free or make them gifts, without the hope that at some point this investment would bring them, "he said.
The judge also found that Mr. Themens which kept thousands of personal photos, including dozens pornographic, made inappropriate use of work equipment.
"The complainant was allowed to use his laptop for personal purposes. He is the only indication that this authorization allowed or justified it keeps them his collection of photographs, some of a sexual nature, "he said.
The Administrative Tribunal's work has sided with the City evoking the seriousness of the breaches of Mr. Themens.
"We must conclude that breaches of the complainant to his duty of loyalty are so severe that they justify the irretrievable breakdown of the relationship of trust and his termination," wrote Judge Cloutier.
Mr. Themens has always denied being supported by contractors. He challenged his dismissal since he felt that the punishment was too harsh.
The City in turn argued that because of the breach of trust, his dismissal was the only appropriate measure.
Following an internal investigation, the City found that Mr. Themens also had the personal details of several entrepreneurs who had contracts with the City.
The City has even asked Mr. Zambito to testify about it in March 2015. The latter was formal and assured paying twice trips to Mr. Themens the expense of Infrabec which he was the vice president.
Revelations of the internal investigation
2900 personal photos on the computer according to Yves Themens
27 files containing pictures XXX (sexual act)
15 files containing photos XX (naked people)
10 files containing photographs X (partially nude people)
1153 contacts on his phone, including several personal numbers of building contractors