FPSLREB Decisions

Suspension (3 days) - Insubordination - the grievor was employed as a nurse in the Saskatchewan Penitentiary - on September 23, 1998, there was a disturbance in the women's unit involving two inmates who were apparently acting under the influence of drugs or alcohol - the inmates in question had thrown items from their respective cells, lit small fires and were shouting profanities - one of them had also broken her television set, which resulted in glass being scattered in her cell and on the range - both inmates slashed their forearms with some glass - the situation was ultimately defused with the assistance of native elders - after one of the inmates had been thoroughly patted down and removed from her cell, the unit manager ordered the grievor to provide her with medical attention - the grievor refused to do so unless the inmate was first strip searched and placed behind a barrier while she was being treated - finally, another nurse provided medical attention to both inmates - the employer imposed a five-day suspension without pay upon the grievor for this act of insubordination, which was reduced to three days during the grievance process - the unit manager indicated that there was a philosophical difference between management and staff as to how female inmates should be treated in such a situation - she was of the opinion that the staff were testing her authority and that the grievor's refusal was motivated by this - the evidence established that the inmate in question had expressed her hostility towards the grievor on the day in question, which included throwing a cup of coffee at her - furthermore, the inmate had been involved in a similar incident a few days previously while the grievor was on duty - the grievor claimed that she refused to provide treatment to the inmate because she feared for her safety - however, she did not advise the unit manager of this at the time of her refusal as she was required to do - neither did she invoke Part II of the Canada Labour Code - in addition, the adjudicator found that any danger in question was inherent in her duties - however, the adjudicator reduced the penalty to a two-day suspension in light of the higher than usual level of stress which the grievor was suffering at the time of the incident. Grievance allowed in part. Cases cited:Morris, 2000 PSSRB 55 (166-2-29120); Sherbert (166-2-13696); Stout (166-2-13053, 13110 and 13114); Archambault (166-2-5141 and 5142).