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West Kelowna city employee disciplined for watching porn at work

The case was settled outside of court on June 16.
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A dispute between the City of West Kelowna and the Employees Union, representing a city employee who is accused of watching pornography at work, was settled outside of court on June 16.

An arbitrator for the B.C. Labour Relations Code ruled that the disciplinary warning letter sent to the accused (A.G.) was appropriate.

A.G. is accused of viewing pornography on his personal cell phone during a work lunch break in the presence of other employees.

A.G. is 57 years old and has been employed with the city for four years, described as a reliable employee with no discipline on his record.

Two summer student employees allege that they both heard pornographic sounds and one of the students saw images of naked women on A.G.’s phone. One of the witnesses stated that it made him “uncomfortable.”

The accused alleges that the young co-workers had “hate on for him” and said he thought it was a “witch hunt.”

He maintains that he did not look at pornographic images on his phone.

Following the complaint, A.G.’s phone was submitted to an expert for a forensic audit. The expert reported there was no inappropriate browsing history found at the relevant time.

However, all web browsers have a private/incognito mode which prevents browsing history from being stored onto the device. The forensic audit stated that if the accused utilized incognito mode to access inappropriate content, evidence of the search would only be stored on the Internet Service Provider log files.

A request to the cell service provider for records of his browsing history was denied.

The full case is available for review at canlii.org.

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Jacqueline.Gelineau@kelownacapnews.com

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Jacqueline Gelineau

About the Author: Jacqueline Gelineau

I'm a reporter in the beginning stages of my career. I joined the team at Capital News in November 2021...
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