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ARTICLE · 18 APRIL 2015

Hidden Camera Leads To Dismissal

Dentons Canada LLP
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An arbitrator recently upheld the termination of a "reliable and capable" Personal Support Worker with no prior disciplinary record, because of significant mistreatment of an individual she was responsible for, and because she did not show the kind of insight required.

CanadaEmployment and HR
Apolone Gentles
Apolone Gentles
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An arbitrator recently upheld the termination of a "reliable and capable" Personal Support Worker (a "PSW") with no prior disciplinary record, because of significant mistreatment of an individual she was responsible for, and because she did not show the kind of insight required.

The Grievor had 6 years of service as a PSW in a licensed long-term care home (the "Home"). Her most recent performance appraisal showed perfect attendance and an overall rating of 41 out of 48 for the relevant review period. She was nominated for the "2013 Face of Safety Award", but by May 2013 she had become the face of the villain in a video that was widely circulated in the media.

The Home served vulnerable residents living with significant physical, psychological and/or behavioural impairments. The Grievor's role as a PSW involved assisting residents with their activities of daily living (ADL), often alone and unsupervised. The resident at the centre of this grievance was an 85-year

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