Instructor troubled by ‘social interactions’
When a Saint John, N.B., college teacher ignored orders from his superiors to meet with them while he was out camping, he was terminated for a “continuous pattern of disrespect and unwillingness to work cooperatively.”
The teacher in the engineering technology department at the New Brunswick Community College (NBCC), identified as “D.M.,” had worked for the institution since 2004.
On May 30, 2013, he presented his employer with a doctor’s note saying he would be off work until June 17, due to stress and high blood pressure, partially caused by three separate conflicts with colleagues.
D.M. met with Bruce Martin, department head, in September to discuss his future workload. D.M. was given a reduced workload, that included 12 hours of contact time per week with students. His doctor had recommended this measure be taken because of “his problem with social interactions.”
But in January 2014, after a conflict with another instructor at NBCC, D.M. was suspended for three days. He was advised by the employer to have his doctor fill out a return-to-work form before returning.
D.M. did so but when he was presented with a return-to-work plan by the college, he refused to sign it because it had an end-date of April 30, 2014. D.M. also said he was not comfortable attending regular meetings because it usually resulted in increased stress.
On May 9, D.M. wrote an email to Martin, after they had a meeting to discuss his fall-term workload. The proposed load was too much, he wrote, and D.M. felt “totally caught off-guard” by Martin’s proposal.
D.M. again wrote an email after Martin lessened his lab time to six hours. “My requests for accommodation were ignored then and they are being ignored now. I will do as I am told, but this time if things go badly, it will be on you,” wrote D.M.
Further meetings were held in 2015 to update the accommodation work plan, but neither side could fully agree.
D.M. continued his schedule but management requested he get his doctor to again fill out an update to the temporary accommodation plan.
A response was provided by D.M.’s doctor on Nov. 11. However, after a Jan. 11, 2016, meeting between D.M. and Martin, further information was requested from D.M.’s doctor.
Beginning from May, the employer sent various meeting requests to D.M., but they were all refused.
On July 14, Martin wrote another message requesting a meeting. “Sorry, Bruce, my summer is completely booked,” wrote D.M. in response.
But on July 25, after one final request was ignored, D.M. was dismissed. On Aug. 8, the union, the New Brunswick Union of Public and Private Employees (NBUPPE) grieved and argued NBCC failed to accommodate D.M.’s disability and it said he was camping throughout July and had “spotty internet service.”
Arbitrator Michel Doucet agreed and ordered D.M. reinstated with the termination substituted for a one-month suspension without pay. As well, D.M. must undergo “professional counselling for stress management and anger control” and provide “objective medical assessments of his limitation and restrictions” when requested by the employer.
But D.M. wasn’t given carte blanche to continue his behaviour “(D.M.) is hereby advised that his failure to cooperate with the employer as indicated above could result in severe disciplinary action up to and including discharge. If the employer so chooses, it may issue a letter to that effect to the grievor for inclusion in his personnel file,” said Doucet.
“(D.M.) does have a ‘sharp pen’ when he writes emails to his supervisors and it would be judicious of him to ponder about what he is writing before sending out messages. I also find that on some occasion he has expressed contempt for management. However, he seems to be an effective instructor, at least there was no evidence to the contrary submitted at the hearing,” said Doucet.
“If he can demonstrate that he can get over his bitterness and anger, he can certainly be an asset to the employer.”
Reference: New Brunswick Community College, Saint John Campus and New Brunswick Union of Public and Private Employees. Michel Doucet — arbitrator. Chad Sullivan, Lara Greenough for the employer. Sophie Landry Mockler for the employee. Aug. 8, 2018. 2018 CarswellNB 304
The teacher in the engineering technology department at the New Brunswick Community College (NBCC), identified as “D.M.,” had worked for the institution since 2004.
On May 30, 2013, he presented his employer with a doctor’s note saying he would be off work until June 17, due to stress and high blood pressure, partially caused by three separate conflicts with colleagues.
D.M. met with Bruce Martin, department head, in September to discuss his future workload. D.M. was given a reduced workload, that included 12 hours of contact time per week with students. His doctor had recommended this measure be taken because of “his problem with social interactions.”
But in January 2014, after a conflict with another instructor at NBCC, D.M. was suspended for three days. He was advised by the employer to have his doctor fill out a return-to-work form before returning.
D.M. did so but when he was presented with a return-to-work plan by the college, he refused to sign it because it had an end-date of April 30, 2014. D.M. also said he was not comfortable attending regular meetings because it usually resulted in increased stress.
On May 9, D.M. wrote an email to Martin, after they had a meeting to discuss his fall-term workload. The proposed load was too much, he wrote, and D.M. felt “totally caught off-guard” by Martin’s proposal.
D.M. again wrote an email after Martin lessened his lab time to six hours. “My requests for accommodation were ignored then and they are being ignored now. I will do as I am told, but this time if things go badly, it will be on you,” wrote D.M.
Further meetings were held in 2015 to update the accommodation work plan, but neither side could fully agree.
D.M. continued his schedule but management requested he get his doctor to again fill out an update to the temporary accommodation plan.
A response was provided by D.M.’s doctor on Nov. 11. However, after a Jan. 11, 2016, meeting between D.M. and Martin, further information was requested from D.M.’s doctor.
Beginning from May, the employer sent various meeting requests to D.M., but they were all refused.
On July 14, Martin wrote another message requesting a meeting. “Sorry, Bruce, my summer is completely booked,” wrote D.M. in response.
But on July 25, after one final request was ignored, D.M. was dismissed. On Aug. 8, the union, the New Brunswick Union of Public and Private Employees (NBUPPE) grieved and argued NBCC failed to accommodate D.M.’s disability and it said he was camping throughout July and had “spotty internet service.”
Arbitrator Michel Doucet agreed and ordered D.M. reinstated with the termination substituted for a one-month suspension without pay. As well, D.M. must undergo “professional counselling for stress management and anger control” and provide “objective medical assessments of his limitation and restrictions” when requested by the employer.
But D.M. wasn’t given carte blanche to continue his behaviour “(D.M.) is hereby advised that his failure to cooperate with the employer as indicated above could result in severe disciplinary action up to and including discharge. If the employer so chooses, it may issue a letter to that effect to the grievor for inclusion in his personnel file,” said Doucet.
“(D.M.) does have a ‘sharp pen’ when he writes emails to his supervisors and it would be judicious of him to ponder about what he is writing before sending out messages. I also find that on some occasion he has expressed contempt for management. However, he seems to be an effective instructor, at least there was no evidence to the contrary submitted at the hearing,” said Doucet.
“If he can demonstrate that he can get over his bitterness and anger, he can certainly be an asset to the employer.”
Reference: New Brunswick Community College, Saint John Campus and New Brunswick Union of Public and Private Employees. Michel Doucet — arbitrator. Chad Sullivan, Lara Greenough for the employer. Sophie Landry Mockler for the employee. Aug. 8, 2018. 2018 CarswellNB 304
