The sanction imposed on an employee was a reprimand and a ‘first and final warning’. A ‘first and final warning’ is not an available sanction under the Public Service Act. Further, while previous findings of misconduct can be a factor when determining a sanction decision, a ‘first and final warning’ wording infers any future misconduct will result in termination of employment, regardless of the circumstances. The MPC delegate did not consider this to be reasonable or consistent with established practice or the APSC’s Handling Misconduct. The sanction was varied to exclude the wording ‘first and final warning’.
