Demotion ‘mean spirited and grossly excessive’: Arbitrator
After she committed multiple infractions during different night shifts, a Swift Current, Sask., continuing care assistant (CCA) was given a one-week suspension without pay.
Shelby Campbell began working at the Swift Current Care Centre in February 2015. As part of the contract signed with the employer, new CCA hires had to enrol in a course to receive the CCA designation, if they didn’t have it before being hired.
The employees paid for the course (totalling $6,035) through payroll deductions. Campbell enrolled in the course in October at the local Great Plains College.
In August 2016, Campbell began work at the Meadows Swift Current Long-Term Care Project (after the Swift Current centre closed), which was a long-term care facility.
The first complaint about Campbell was received in late August, after a fellow CCA noticed Campbell didn’t properly wash residents. After a meeting with Michelle Aldag, manager, a letter of expectations was presented to Campbell on Sept 22.
During a shift on Sept. 28, a CCA testified she noticed several incorrect actions taken by Campbell including not mincing food for residents, serving chili that was too hot, being rough with a resident and not seeing Campbell wash her hands as per regulations. A food-service worker also noticed the infractions that shift.
On Oct. 10, another CCA noticed many tasks were not done over the night shift, despite a check-list filled out by Campbell that said all tasks were completed. Schlamp filed a complaint later that day.
Leanne Jackson, CCA, relieved Campbell at 7 a.m. that morning and heard from her that some things weren’t finished because she fell asleep. As well, Jackson heard from a resident that calls were ignored. Jackson also filed a complaint.
On Oct. 11, Campbell received a 40-hour unpaid suspension. She was also demoted to an environmental, laundry and food services worker position, which involved fewer hours per week.
Campbell was notified the demotion was temporary, until she could pass the CCA course. However, Campbell testified that she was not aware of this stipulation.
The Service Employees International Union (SEIU) grieved the disciplinary actions on Oct. 14 and 25. By demoting Campbell to the non-CCA position, she was ineligible to complete the final part of her CCA course — which was prior learning assessment recognition (PLAR) that involved observation and testing while on the job.
Since she was not working as a CCA, the PLAR component could not be met and Campbell didn’t apply for it.
The union argued Campbell should be compensated for the loss of income due to the demotion (which it said was two-thirds of $20,000) and be reinstated to the CCA position to complete the PLAR.
Arbitrator Neil Robertson (backed by fellow board member Reg Padbury, but dissented by Andrew Huculak) upheld the first grievance. “While recognizing that neglect of duty and poor work performance are not acceptable, especially given the nature of this workplace, I would categorize the incidents which supported discipline as less serious offences.”
“Remedial consequences focusing on improvement would have been more appropriate at this stage. I would therefore allow the grievance and substitute a formal reprimand for the misconduct,” said Robertson.
However, on the second grievance, the arbitrator dismissed it and said the punishment was “appropriate and reasonable.”
“(Campbell) had demonstrated herself to be unsuitable to continue in the position of a CCA. Given the alternative of dismissal, the demotion to a less responsible position could be viewed as lenient. I would, therefore, dismiss this grievance,” said Robertson.
In his dissention, the demotion was “mean spirited and grossly excessive,” said Huculak.
“I would have placed a reasonable timeframe on the grievor’s demotion from her continuing care aide position, returned her at the end of that period to her former position and allowed her to complete her course in the workplace in the same manner she would have prior to the discipline being imposed,” said Huculak.
Reference: Saskatchewan Health Authority and Service Employees International Union. Neil Robertson — arbitrator. Jana Linner for the employer. Larry Dawson for the employee. July 23, 2018.
Shelby Campbell began working at the Swift Current Care Centre in February 2015. As part of the contract signed with the employer, new CCA hires had to enrol in a course to receive the CCA designation, if they didn’t have it before being hired.
The employees paid for the course (totalling $6,035) through payroll deductions. Campbell enrolled in the course in October at the local Great Plains College.
In August 2016, Campbell began work at the Meadows Swift Current Long-Term Care Project (after the Swift Current centre closed), which was a long-term care facility.
The first complaint about Campbell was received in late August, after a fellow CCA noticed Campbell didn’t properly wash residents. After a meeting with Michelle Aldag, manager, a letter of expectations was presented to Campbell on Sept 22.
During a shift on Sept. 28, a CCA testified she noticed several incorrect actions taken by Campbell including not mincing food for residents, serving chili that was too hot, being rough with a resident and not seeing Campbell wash her hands as per regulations. A food-service worker also noticed the infractions that shift.
On Oct. 10, another CCA noticed many tasks were not done over the night shift, despite a check-list filled out by Campbell that said all tasks were completed. Schlamp filed a complaint later that day.
Leanne Jackson, CCA, relieved Campbell at 7 a.m. that morning and heard from her that some things weren’t finished because she fell asleep. As well, Jackson heard from a resident that calls were ignored. Jackson also filed a complaint.
On Oct. 11, Campbell received a 40-hour unpaid suspension. She was also demoted to an environmental, laundry and food services worker position, which involved fewer hours per week.
Campbell was notified the demotion was temporary, until she could pass the CCA course. However, Campbell testified that she was not aware of this stipulation.
The Service Employees International Union (SEIU) grieved the disciplinary actions on Oct. 14 and 25. By demoting Campbell to the non-CCA position, she was ineligible to complete the final part of her CCA course — which was prior learning assessment recognition (PLAR) that involved observation and testing while on the job.
Since she was not working as a CCA, the PLAR component could not be met and Campbell didn’t apply for it.
The union argued Campbell should be compensated for the loss of income due to the demotion (which it said was two-thirds of $20,000) and be reinstated to the CCA position to complete the PLAR.
Arbitrator Neil Robertson (backed by fellow board member Reg Padbury, but dissented by Andrew Huculak) upheld the first grievance. “While recognizing that neglect of duty and poor work performance are not acceptable, especially given the nature of this workplace, I would categorize the incidents which supported discipline as less serious offences.”
“Remedial consequences focusing on improvement would have been more appropriate at this stage. I would therefore allow the grievance and substitute a formal reprimand for the misconduct,” said Robertson.
However, on the second grievance, the arbitrator dismissed it and said the punishment was “appropriate and reasonable.”
“(Campbell) had demonstrated herself to be unsuitable to continue in the position of a CCA. Given the alternative of dismissal, the demotion to a less responsible position could be viewed as lenient. I would, therefore, dismiss this grievance,” said Robertson.
In his dissention, the demotion was “mean spirited and grossly excessive,” said Huculak.
“I would have placed a reasonable timeframe on the grievor’s demotion from her continuing care aide position, returned her at the end of that period to her former position and allowed her to complete her course in the workplace in the same manner she would have prior to the discipline being imposed,” said Huculak.
Reference: Saskatchewan Health Authority and Service Employees International Union. Neil Robertson — arbitrator. Jana Linner for the employer. Larry Dawson for the employee. July 23, 2018.
