Canadian Employment Law Today

CELT May 1 2013:celt 467.qxd 13-04-29 10:43 AM Page 9 CANADIAN EMPLOYMENT LAW TODAY Didn't offer beer to teens, they took it: Worker ...continued from page 3 and drove them to a nearby gas station, where he bought them cigarettes. Though he claimed he initially protested because they were underage, they persisted and, since he had seem them smoking before, he relented. Sankar then drove to a pizza parlour, where he gave them $10 to buy pizza while he bought beer at a nearby beer store. Sankar claimed the beer was meant for a cricket practice he had later that evening. The girls asked for him to take them somewhere private to have a smoke, so he drove to a park, where they asked for some beer to celebrate the younger girl's 16th birthday. Sankar claimed the girls took the beer on their own despite his protests that he didn't agree with it, and stepped outside while he had some beer while sitting in the car. He claimed he remained in the car because the girls "were trying to get me involved but I didn't want to." A police officer arrived while the girls were drinking and smoking outside the car. Sankar gave the officer his driver's licence and, when the officer asked how he knew the girls, Sankar explained he was a paramedic. The officer warned Sankar he knew the girls and said they had several sexual assault charges between them. Sankar replied that the girls were 18 and the officer told him they were 16 and "not to lie again." The officer suggested Sankar "end this now" and Sankar got the girls back in the car and drove them back to the mall, where he gave them the rest of the beer and $20 before leaving. Sankar again claimed he didn't give them the beer and money, but they took it themselves. The girls later went to a police station to make a report about Sankar. The police investigated but no charges were laid. When the girls returned to the treatment centre, they talked to a child and youth worker, who filed a report. Concerns about paramedic's meeting with teenage patients The treatment centre filed a "serious occurrence report" with the provincial Ministry of Children's Services and it became required to fill out a form reporting any occasion when a resident was taken by ambulance without a staff member present. A staff member was also required to be present if a girl's "vitals" were taken by a paramedic. The city felt Sankar had breached the high level of trust and the professional standards of emergency services, and terminated his employment. Sankar said he "deeply regrets the incident" and accepted full responsibility, but grieved the termination, saying it wouldn't happen again. Government guidelines enough ...continued from page 7 sufficient to suggest any radioactivity in Japanese mail was harmless and it wasn't necessary to provide BSOs with special equipment to monitor the radioactivity of pieces of mail. Azeez's application was dismissed. "The data provided by Health Canada to CBSA clearly indicated that levels of radiation that could possibly reach Canada, by mail from Japan or otherwise, were not considered haz- ardous to humans," said the tribunal. "I believe it is fair to conclude that the level of potential exposure to radiation coming from the mail from Japan at the (Mississauga) mail centre could not have reasonably been expected to cause injury or illness to (Azeez) on the day of the refusal, and consequently does not meet the definition of 'danger' as per the code." See Azeez and Canada Border Services Agency, 2013 CarswellNat 696 (Can. OH&S Trib.). CELT The arbitrator noted paramedics are held to a high standard of professional conduct, through the provincial basic life support patient care standards and Toronto's public service guide charter of expectations. "To perform this most critical of public functions, paramedics and the paramedic service require the complete trust and confidence of the public, and not just of those who are placed in their care but of those who care for them as well," said the arbitrator. The arbitrator found that by taking two adolescent girls — who he knew through his work and had given one his cell number while at work — to a parking lot to drink beer and smoke cigarettes and then lying to police — with whom he had to work on a daily basis — about their ages, Sankar breached the trust of the city and the public he served. In addition, despite Sankar's apology, the arbitrator found he didn't accept full responsibility for his actions. Sankar tried to place the weight of responsibility on the girls, saying he didn't agree with what they were doing and everything was their idea. He also didn't seem to recognize any safety concerns with dropping them off at the mall on a Saturday night with beer and cigarettes, particularly since he knew they were troubled residents of a treatment centre, said the arbitrator. "(The evidence) reveals nothing more than an off-duty paramedic who was repeatedly incapable of exercising better judgment than, and fully susceptible to the alleged predations of, two 15 or 16year-old former patients," said the arbitrator. The arbitrator found Sankar committed a "very serious" and "unpardonable" breach of trust that, though it occurred while he was off-duty, originated from on-duty actions. The misconduct was serious enough to warrant dismissal. CELT For more information see: ■Toronto (City) and CUPE, Local 416 (Sankar), Re, 2013 CarswellOnt 3511 (Ont. Arb. Bd.). Published by Canadian HR Reporter, a Thomson Reuters business 2013 9

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