A former nursing home cook was terminated after being convicted of trafficking drugs.
David Carroll had worked at the Miramichi Senior Citizens Home in New Brunswick since 1990 in various positions and was employed full-time since 2013 as a cook. Part of his job involved interacting with the residents.
In 2013, Carroll was charged with various offences after police found drugs in his home. He went through the legal system and eventually was sentenced to serve 30 months in prison. Carroll served 10 months.
After he was sentenced, Carroll’s employment was terminated on June 5, 2014.
“Your decision to live within the drug culture is not conducive to the mission of this nursing home. In fact, that culture is fraught with danger and can never be a part of who we are. We cannot run the risk of having you work here after being involved in such a lifestyle,” said the termination letter.
The administrator of the home, Jean Doyle, argued that because the Miramichi home deals with patients who suffer from dementia and it participates in various community outreach functions, it would be best not to have Carroll on staff because it would harm the reputation of the home.
But the union argued that there was no harm to the home’s standing in the community because no evidence was ever provided. While Doyle agreed that no members of the staff had expressed misgivings about having Carroll employed, the board of directors didn’t want him back in his job after his jail time was served.
However, this notion was dismissed.
“I am of the view that ‘good character’ is one of the legitimate standards called for in this senior’s residential home. In my opinion, that good character stipulation in this community-based senior’s health-care home is not met by a person who has pleaded guilty to the trafficking of hard drugs, and who, given prior drug involvement, called no evidence to counter a likelihood of recidivism,” said arbitrator Robert Breen.
The home did conduct criminal checks on prospective employees, but Carroll’s legal troubles surfaced after he was hired. He was also convicted of drug possession in 2010, but served house arrest which did not affect his employment.
Carroll believed he would have been able to request a leave of absence — as outlined in the collective agreement — to serve his jail time and return to his position unchanged. But Doyle said a request never materialized.
“There is no question arising of a written leave of absence request, there is none shown in evidence,” said Breen.
In rejecting the grievance, the arbitrator cited a lack of remorse from Carroll.
“This is a case where I am also satisfied that this grievor has not even begun to understand the concern his employer might have with his conduct and the bond of trust between himself and that employer. His concern testified to is only with respect to himself,” said Breen.
“I am compelled to the unfortunate conclusion that in this case Carroll ‘crossed the line.’ This was not the possession or use of, or addiction to, soft drugs. This was a substantial involvement in the drug trafficking of hard drugs to make money. This ongoing activity and the criminal conviction for this activity, in my view, does pose a substantial and serious concern for the safety interests and general reputation of this senior citizens’ residential home."
Reference: Miramichi Senior Citizens Home and the Canadian Union Of Public Employees, Local 1277. Robert Breen — arbitrator. Michael Keating for the employer. Mary Fougère for the employee. July 20, 2016.
