'Innocent' of privacy violation, but 'insubordinate': Arbitrator
A psychologist was suspended for 30 days without pay after it was discovered he hired his common-law wife despite being told repeatedly he could not do that.
D’Arcy Helmer had worked since 1999 at the Saskatoon Regional Health Authority (SRHA) in the department of adult mental health.
In November 2014, Helmer approached his supervisor, Michelle Buglas, program manager, and asked if SRHA would hire Barb Wieler as a psychometrist. He was told that if no internal candidates applied for the open position, she would be considered.
But on Jan. 6, 2015, Buglas found out that Helmer and Wieler were in a relationship. After checking the policy, Buglas responded by email on Jan. 13 that the employer “will not allow an exemption to the policy at this time.”
Helmer kept pressing for SRHA to hire Wieler but he was rebuffed.
On Feb. 19, Mansfield Mela, a professor in the psychiatry department at the University of Saskatchewan, emailed Helmer requesting help with a study he was undertaking about fetal alcohol syndrome. He wanted Helmer to help with psychological assessments. Helmer forwarded Wieler’s name and Mela accepted her due to his trust of Helmer.
Eventually an office was procured near Helmer’s for Wieler and graduate student Jessica Zagrodny. Wieler was offered $5,000 for her participation in the study.
Helmer testified that he advised Buglas on six occasions between January and May that Wieler was one of the persons he hired for the study. Buglas testified that this never happened and she was unware Wieler had been hired. Helmer also said that he sent an email to Buglas but a search of the emails showed nothing.
On June 24, Buglas met Zagrodny in the lunch room and asked how the study was going. Zagrodny said she was waiting on Wieler to finish her work.
Buglas then confronted Helmer in his office and a heated discussion happened. Eventually, Helmer said, “Discipline me if you want, but get out of my office,” and he slammed the door.
Tracy Muggli, director, was advised about the situation and she suspended Helmer with pay.
On Jan. 7, 2016, a disciplinary letter was presented to Helmer. He was given a 30-day unpaid suspension for “violation of privacy involving several (SRHA) clients,” and insubordination. By allowing Wieler access to patient records without signing the privacy policy, Helmer violated the policy, said the employer.
But Helmer testified he didn’t sign the policy and no paperwork was produced in the arbitration hearing that proved he had.
The Health Sciences Association of Saskatchewan (HSAS), grieved the suspension on Jan. 18.
Arbitrator John Comrie dismissed the grievance and upheld the suspension. He found Helmer was “innocent of the privacy infractions alleged by SRHA, he was insubordinate in failing to obey the clear instructions not to directly work with or supervise Wieler on the SRHA premises.”
Helmer’s attitude and evasiveness were not helpful in his relationship with management, according to the arbitrator.
“If Helmer had been more open and forthcoming about the fact Wieler was his common-law spouse and did not give the appearance he was trying to hide this fact, and if he had initially brought to Buglas the opportunity of Wieler working for Mela on the study in the very beginning, it is even possible SRHA management would have approved this short term, as an exception to the policy, although that can never be known with certainty,” said Comrie.
“Unfortunately, because of the distrust that had developed between management and Helmer, he did not see that as a viable option. He therefore decided to try to avoid the issue by not raising it with management when he knew better.”
Reference: Saskatoon Regional Health Authority and Health Sciences Association of Saskatchewan. John Comrie — arbitrator. Gary Bainbridge for the employer. Kevin Zimmerman for the employee. Nov. 20, 2017.
