An employee complained about not having an opportunity to respond to allegations of suspected misconduct. We reviewed the breach determination and found the agency had used an incorrect email address to send notices about the suspected breach. On each occasion the emails had bounced back to the sender but not resent. A preliminary view on the suspected breach was eventually sent to the correct email address, but by this stage the applicant had left the agency. The employee only became aware of the breach decision when a hard copy was sent to their home address.
This failure to inform the applicant or give any chance to participate in the process was a significant departure from the agency’s procedures and the requirements of procedural fairness. The MPC was satisfied this failure was a material procedural defect meaning the breach decision could not stand. We recommended the decision be set aside.
