HomeMy WebLinkAboutGrievor 18-11-08IN THE MATTER OF AN ARBITRATION brought pursuant to the Ontario Labour Relations
Act, 1995, as amended
(Grievance #2017-4104-0027)
BETWEEN:
PROVIDENCE CARE - MENTAL HEALTH SERVICES
(the "Employer")
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 4104
(the "Union")
AWARD
Sale Arbitrator: Marilyn A, Nairn
Hearing date: May 7, July 6, August 29,
and October 9, 2018
(Kingston, Ontario)
APPEARANCES
For the Union: Anna Lichty
For the Employer: Ron Pearson
AWARD
1. This concerns a grievance filed by the Union disputing the EmpIoyer's decision to
terminate the Grievor for privacy breaches. The facts are generally undisputed.
2. At the date of termination, the Grievor was a secretary and receptionist at Providence Care
Mental Health Services, Cataraqui Woods location. She had worked for the Employer for 1.9 years.
3. On November 17, 2017, the Grievor was terminated for inappropriately accessing the
medical records of three individuals who were not part of her circle of care.
4. The Union and the Grievor did not dispute that the Grievor's actions were inappropriate
and warranted discipline. The Grievor testified that she made serious errors in judgment, she was
remorseful and confirmed that she would not repeat these actions again. Moreover, the Grievor
has a clean disciplinary record.
5. After hearing the representations of the parties, I hereby direct as follows;
a. The Grievor is to be reinstated as of October 15, 2018 to the position of Patient
Records & Registration Clerk (Office Administration 08), subject to the
condition that she not compete for any community team positions involving chart
access for a period of one year;
b. The period of the date of termination (November 17, 2017) until the date of
reinstatement (October 15, 2018) is considered an unpaid suspension;
c. The Grievor will have no loss of service and seniority;
d. A copy of this award will remain on the Grievor's personnel file in accordance
with the sunset provision of the collective agreement, as a disciplinary record
effective the date of reinstatement.
Dated at Toronto, Ontario this 8`11 day of November, 2018.
X,
Mari lyn'A;-Nairfi, Arbitrator.