FPSLREB Decisions

Termination (disciplinary) reduced to suspension (3 days) - Reinstatement - Monetary damages - Admissibility of evidence - Natural justice - Alleged discrimination - Progressive discipline - Behaviour of the employer - Mitigating circumstances - Pay in lieu of reinstatement - the employment of the grievor, a nurse in a veterans' hospital, was terminated on the following grounds: improper administration of prescribed medication and treatments; failure to take monthly vital signs readings; improper delegation of nursing responsibilities; unprofessional behaviour towards patients and their families - the grievor grieved his termination and requested reinstatement and monetary damages - he objected to the admissibility of evidence relied on by the employer because this evidence had not been made available to him, despite numerous requests to this effect - the employer replied that the documents were protected under the Privacy Act - the adjudicator found that the grievor had a right to know the case and evidence against him and to defend himself accordingly; the Privacy Act could not be invoked to deprive him of these rights - the adjudicator further found that any unfairness to the grievor in this regard had been remedied at the hearing, as his representative had been provided access to the documents and had been given time to consult and prepare his case accordingly - the adjudicator found that the incidents relied on by the employer either had not been established on a balance of probabilities or did not warrant the discipline imposed - she found, however, that some discipline was warranted in regard to some incidents relating to the improper administration of prescribed medication and treatments and unprofessional behaviour towards patients and their families - the adjudicator considered the mitigating circumstances of the case and substituted a three-day suspension for the termination - the adjudicator considered reinstating the grievor, but, in light of the employer's behaviour towards the grievor, such an avenue was unrealistic and not viable - she granted him instead 48-months' pay in lieu of reinstatement - the adjudicator denied the grievor's claims for damages. Grievances allowed, in part. Cases cited:Tipple v. Canada (Treasury Board) (unreported, Federal Court of Appeal File No. A-66-85, dated September 26, 1985).