Mike Hawrylyshyn, the city collections worker alleged to have stolen $1 million in taxpayer money, is fighting back against his recent firing.

Hawrylyshyn, a member of CUPE Local 5167, has filed a grievance with the city, said union president Derron Vernon.

"These things are automatic. We file grievances just to make sure we're in keeping with the labour code, because everybody has the right to have a grievance filed if they so choose," Vernon said.

"We have a duty to represent in all terminations if the person wants to grieve."

Hawrylyshyn was fired in June after he allegedly siphoned more than $1 million in payments from the city over the past nine years.

Three investigations have been launched into Hawrylyshyn's conduct: an internal city probe, an external forensic audit and a police probe.

Constable Claus Wagner says there are no updates on the police investigation, which is being carried out by the major fraud unit.

Last week, a woman at Hawrylyshyn's Ancaster home said he did not want to speak publicly and was expected to enter "rehab."

Hawrylyshyn also declined to comment Wednesday.

Documents show that Hawrylyshyn, who'd worked for the city for 25 years, declared bankruptcy in 2003. At the time of his filing, his total liabilities were $65,863 and his assets were listed as $13,500.

If Hawrylyshyn has an addiction, it will likely affect the grievance process, says Ryerson professor and labour expert Maurice Mazerolle.

He says since addictions can be classified as a disability, the union could argue that Hawrylyshyn should get his job back on human rights grounds.

The union could also argue that city managers failed to deal with what might have been an obvious problem.

"The union could argue that he should have been counselled, given leave like any other sick person would receive. Employers have a responsibility to their employees," said Mazerolle. "That could be part of the union's argument here."

In the past, the city has rehired workers who were fired as a result of addictions issues. In 2011, city employee John Fougere got his job back after being fired for causing $9,000 worth of damage to a city-owned car while driving impaired off-duty.

Fougere, who drove onto the wrong ramp on Highway 403 and slammed into the back of a tractor-trailer, entered alcohol abuse counselling and stopped drinking immediately after the crash.

In his decision, arbitrator George Surdykowski said the city was justified in firing Fougere. However, Surdykowski ruled that since alcoholism is a disability and Fougere demonstrated remorse and a willingness to change, he deserved his job back.

"Alcoholism is a disability, and though neither it nor any other disability excuses employment misconduct, it can mitigate it, particularly where the employee acknowledges and takes responsibility for his addiction … I am satisfied that this is such a case."

The city has also rehired employees during the grievance process as a matter of strategy. In January, the city fired 29 public works employees for neglect of duties, time theft and breach of trust after a sting-type operation revealed they were being paid full-time wages for working only a few hours each day.

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After CUPE Local 5167 grieved the firings, the city rehired seven of those employees to strengthen its case against the remaining 22.

City officials declined to comment on Hawrylyshyn's grievance and have not confirmed that he is the employee who was fired.

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