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An arbitration panel ruled in favour of the city being able to use the video footage of the dalliance to support their reason for termination. It asserts the employer must discharge its legal onus to prove each dismissed employee engaged in activity justifying disciplinary dismissal without adducing into evidence privacy invading covert surveillance video camera footage. The panel is chaired by lawyer James E. The City of Vernon does not comment on personnel matters, and will not provide additional information in this matter as it remains before an arbitration panel.