Terminated worker misled employer during investigation: Arbitrator
For a period of five years, a cadre of counsellors at a group home for young male sexual offenders engaged in cutting short overnight shifts, supposedly to make up for not receiving regular breaks while on the job.
Counterpoint House in Edmonton was a group home that was scheduled to have at least two staff counsellors posted during overnight shifts at all times for safety reasons. But beginning in 2008 and ending in 2013, as many as 18 staff members regularly left shifts early and began shifts late.
On July 9, 2013, a counsellor identified as “C.T.” (the whistleblower) notified program manager Jennifer Bond that many employees left work early and started shifts late.
C.T. said some staff members regularly left between 3 a.m. and 5 a.m., when they should have stayed until 7 a.m. when relief staff arrived. On weekends, some staff members began 7 a.m. shifts at 9:30 a.m. and 10:30 a.m.
When Bond found out about staff not fulfilling duties, some counsellors exchanged text messages alerting workers should work full shifts. “(Bond) has made it clear that she has brought it to the attention of higher ups, it is grounds for termination, and that it is completely unacceptable,” read one of the text messages.
When interviews were conducted to discover the depth of the problem, various reasons were given by counsellors: staff were not given regular breaks; it was a management-approved practice; long hours without management interaction, it was inevitable.
A 17-year veteran, Tim Page, was terminated on Aug. 15, 2013, because of his long-standing service — he knew what he did was wrong — and his evasive answers during an investigation into the practice of leaving early.
Page grieved his treatment and alleged the other employees were not treated similarly. Three other full-time workers were terminated and 13 casual counsellors were given written reprimands. One full-time worker was given a three-day suspension because he acknowledged his actions were wrong and ceased the behaviour. Another worker was given a written warning because she acted as a whistleblower and was protected from further persecution.
Page had been employed at Counterpoint House since 1996 and was considered an excellent youth counsellor. He organized regular outdoor hikes and was recognized by management as having a good rapport with the residents at the home.
The termination letter cited “the seriousness of your conduct, your attempts to interfere with the investigation, as well as your lack of remorse or insight into your actions and the impact that this could have on the patients, your co-workers and the organization.”
The Health Sciences Association of Alberta grieved Page’s release arguing it was “without just cause, unfair, unreasonable and as such constitutes a violation, contravention and misapplication of the collective agreement.”
When Page was interviewed, he claimed he had been given two breaks in his 17 years and four months on the job. Some of his other answers about the duration of shift sign-outs were contradicted by other counsellors.
Page said during testimony that he and the other counsellors would stick up for one another if questioned by saying the missing worker was sick.
Arbitrator Alan Beattie dismissed the grievance and said it was a shame the home would lose a good worker.
“The fraudulent conduct of Page over such an extended period of time, followed by his dishonesty at the interview and at the hearing, leave no doubt that termination is the appropriate penalty and that his long discipline-free service cannot mitigate the termination,” said Beattie. “That consequence is particularly unfortunate in this case because Page was obviously a very good and well-respected counsellor.”
Page’s behaviour at the hearing was further reason not to rule favourable in his grievance, said Beattie.
“Page’s responses at the interview and his evidence at the hearing were replete with dishonest answers. He knew he had to come clean if he had any hope of saving his job (which he admitted) but he still persisted in giving false information until confronted, in cross-examination, with disproving evidence. He also did not show, at any time, remorse or extend an apology.”
Reference: Alberta Health Services and Health Sciences Association of Alberta. Alan Beattie — arbitrator. Monica Bokenfohr for the employer. Dennis Bennett for the employee. Dec. 13, 2016.
