BC nurse released from prison for drug use

An interesting aspect of the case is that, according to the arbitrator, the reason for the dismissal was not the theft itself, says Penner, who notes that 20 years ago any arbitrator would conclude that the automatic penalty for employee theft would be dismissal.

“Now you have to look at the circumstances of the employee – this employee was not successful, but if she had come forward and said, ‘I stole this, but it’s because I am addicted to painkillers due to my debilitating health condition,’ then the act of Theft is colored by a pronounced mitigating factor,” he says. “So suddenly it’s not a dismissal offense, it’s something that may merit discipline, but not dismissal.”

No evidence of discrimination

However, the arbitrator rejected the union’s request allegation of discriminationfinding that there was no evidence that the employee’s disability influenced the PHSA’s decision to terminate the employee’s employment.

“No medical evidence was presented to support the claim, and even if they all had, the employee didn’t even provide a strong rebuttal other than to say that there were other people who had access to that room, so maybe it was them . says Penner. ‘An ounce of remorse could have saved her from an immediate decision to quit.’

The arbitrator found that the seriousness of the misconduct, especially for a healthcare worker in a correctional setting where trust and integrity are of paramount importance, together with the absence of remorse or acknowledgment of misconduct by the employee, made dismissal a proportionate response. The complaint was rejected.