Ex-Prison Guard's Bid to Overturn Sexual Harassment Dismissal Rejected
Ex-Guard's Harassment Dismissal Upheld by Board

A former Bowden Institution corrections officer has lost his bid to overturn his dismissal and docked pay for serial sexual harassment of colleagues and issuing death threats. Michael Zeleke's employment was terminated in April 2024, after which he launched grievances against his suspension and firing.

Zeleke, who was recorded on phone calls issuing verbal threats against Canadian National rail police officers and accused of making unwanted sexual advances against multiple co-workers, was issued financial penalties and fired after it was determined he persisted in harassing colleagues after being disciplined.

Grievances Dismissed by Labour Board

The ex-prison guard had filed grievances against the Correctional Service of Canada (CSC) arguing he was unfairly penalized and questioned the investigations of his misconduct dating from 2020 to 2023. However, those grievances were denied by Christopher Rootham of the Labour Relations and Employment Board, who concluded Zeleke's claims weren't credible.

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"Overall, the aggravating factors well outweigh the mitigating factors in this case," Rootham stated in his ruling dated Feb. 16. "I have no reason to believe that the grievor would be unlikely to reoffend if he were returned to the workplace."

Death Threats Against CN Rail Police

The ruling details how Zeleke became enraged by how a CN rail police officer conducted a traffic stop while he was a guard at the Matsqui Institution in Abbotsford, B.C. in July 2020. Zeleke contended the CN officer acted unsafely and on a work phone contacted a CN dispatcher where he used threatening language that was captured in an audio recording.

"If they want to get hit by a car, please tell me so I can get my bigger truck and I can run his ass over," he told the CN employee. He then repeated his frustrations over the traffic stop to a CN inspector and said, "I'm either going to make a formal complaint and have this investigated and dealt with, or the next time I'm gonna run over one of your members and he's gonna have his (expletive) funeral in the front of my car."

After making further threats, the CN inspector reported the conversations to the RCMP, though no criminal charges were laid. A three-day pay penalty was imposed on Zeleke, which Rootham found appropriate given the severity of his misconduct.

"The conduct itself was severe, including what could reasonably be described as threats to harm or even kill a CN rail police officer," he stated. "A correctional officer holds the status of a peace officer, meaning that the grievor was expected to enforce and uphold the law."

Sexual Harassment at Bowden Institution

After Zeleke transferred to the Bowden Institution in central Alberta in 2021, he was accused of inappropriate touching of a female co-worker's thigh and making unwanted sexual or inappropriate comments to her and three other women at the medium security prison. In one instance, he allegedly made "comments about (a co-worker) having the right weight limit on her bed (for sexual purposes)," states the ruling.

For those actions, the man was issued a 25-day unpaid suspension. However, after he returned to work in 2023, he was accused of similar acts of sexual harassment, including unwanted touching and remarking on another woman's breasts. The board upheld both the suspension and the subsequent termination, finding that Zeleke had not learned from his discipline and continued to engage in misconduct.

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