In a recent decision, an Alberta arbitration board has ordered a
unionized hospital employee to be reinstated with back pay after
the employee was terminated for cause for alleged misconduct.
The board found that not only was termination an excessive
response to the employee's conduct, the employer failed to
meet its duty to accommodate and did not properly consider the
employee's medical condition before terminating the
employee's employment.
What Happened?
The series of events leading to the termination began when the
employee was assigned to transport a patient from admissions to the
hospital's maternity ward. When the employee arrived at
admissions, the necessary paperwork was not ready. He then spoke
loudly and impatiently to the admitting clerk, which he later
admitted was inappropriate.
