Errol Lamb, P.Eng.
The Discipline Committee has issued a decision for a stipulated order*
whereby Mr. Lamb (the engineer) admitted to unprofessional conduct regarding
his behaviour toward an employee.
The engineer owned and operated FYN Engineering Ltd. The complainant was
a contract employee of the company and an apparent asthmatic. The engineer
acknowledged that he smoked heavily and that the employee appeared to
be physically ill following a previous overnight trip that involved sharing
a car and accommodations. Following that trip, the employee had clearly
indicated to the engineer that he would only accompany the engineer on
out-of-town travel if the engineer restricted his smoking to breaks taken
outside the car and if a separate hotel room was provided for the employee.
About one year later, the engineer called the employee's home to advise
that an out-of-town trip planned for the following day would require an
overnight stay. The engineer also stated that the travel arrangements
were to be a shared car and a shared hotel room for economic reasons.
During the telephone call, the engineer offered gratuitous family planning
advice to the employee's companion and made other offensive remarks of
a personal nature to her.
That evening, the employee returned the engineer's call. During the telephone
conversation, the engineer referred to the employee using a racial slur
in jest. An impasse developed over the issue of the intended travel arrangements.
Later the same evening, the engineer called the employee's home again,
leaving a message on the voice recorder saying: "Don't bother going
to the office in the morning." The employee regarded this message
as immediate termination of his employment contract. The engineer confirmed
that the employee's understanding was correct.
Disciplinary Action: The engineer was ordered to be reprimanded for unprofessional
conduct in that he violated Rule 10 of the APEGGA Code of Ethics, demanded
inappropriate travel arrangements, made insulting and offensive remarks
of a personal nature to the employee's companion, and made racist comments
to the employee. An article concerning the case, including the engineer's
name, was ordered to be published in The PEGG.
* When an APEGGA member is willing to admit to unprofessional conduct
or unskilled practice, APEGGA's Investigative Committee and the member
have the opportunity to agree on what they believe is an appropriate order
(sanction or penalty). The recommended order is reviewed by a Discipline
Committee case manager. If the case manager agrees with the order, it
has the same force and effect as an order made by the Discipline Committee
following a discipline hearing.
-- For the APEGGA Discipline Committee,
R. G. Chopiuk, P.Eng.
Director, Professional Practice