A Vernon fire captain who was reinstated after being fired for having sex on the job will keep his job.

An appeal by the City of Vernon to overturn an arbitration decision giving Brent Bond his job back was rejected by B.C. Labour Relations Board vice-chair Karen Jewel.

In a news release on Monday, the city said it was considering options for a further appeal.

Bond and a dispatcher were caught on camera in December 2017 having sex in interim chief David Lind’s office. Both were fired the next day.

In a split decision, an arbitration board ruled the discipline was excessive and ordered the dispatcher reinstated without loss of seniority or service.

Bond was suspended and temporarily demoted.

In her decision, Jewel said her role was not to second-guess the arbitration decision.

“The Board does not interfere with such decisions merely because it believes it might have reached a different conclusion,” she wrote.

Jewel concluded the board’s decision met Labour Relation Code standards and the city received a fair hearing in its appeal.

“I am not persuaded the Award is inconsistent with Code principles or that the Employer was denied a fair hearing. Whether or not I agree with this conclusion is not the issue,” she wrote.

The city considered comments like that somewhat of a victory.

“So while the City was not successful in the appeal, the Labour Board certainly suggested they did not agree with the Arbitration Board’s decision to reinstate the fire captain. The City continues to believe our decision was the correct one. Having sex in an open manner, with a subordinate, while on duty in the fire hall must be grounds for termination,” the city’s release said.