Canadian Employment Law Today

May 1, 2013

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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CELT May 1 2013:celt 467.qxd 13-04-29 10:43 AM Page 3 CANADIAN EMPLOYMENT LAW TODAY Paramedic let go for meeting with young patients Off-duty meeting with teenage girls involving beer and cigarettes was a serious breach of trust justifying dismissal: Arbitrator | BY JEFFREY R. SMITH | AN ONTARIO arbitrator has upheld the termination of a paramedic who met with and provided beer to two underage girls while off-duty. Bobby Sankar, 41, was a paramedic with the City of Toronto for 10 years. He was considered a good employee with a discipline-free record and achieved additional qualiOFF-DUTY fications beyond that of a basic paramedic. In late 2011, Sankar experienced some adversity in his life. He and his wife lost their life savings in a bad real estate deal and he was diagnosed as diabetic. Trying to adjust to the medication while going through the financial difficulties led to Sankar feeling depressed, irritable and distant. On Nov. 20, 2011, Sankar and his partner were called to a residential treatment centre for teenaged girls with mental health and other issues. They transported a 16-year-old girl who was reportedly suicidal and had tried to jump in front of a car to the hospital. Sankar rode with the girl in the back of the ambulance and completed a report documenting her CONDUCT condition, age and the reason for the call. On Dec. 21, 2011, Sankar and his partner were called once again to the treatment centre regarding the same girl and a 15-year-old girl, who were reportedly cutting themselves. They took the girls to the hospital, with Sankar and a police officer riding in the back of the ambu- lance. Sankar filled out another report on the girls' condition, noting the 16year-old from the first call was on antidepressant medication. Friendly with patient Two weeks later, on Jan. 5, 2012, Sankar brought a patient to the hospital and encountered the 15-year-old girl, who was there because of an eye injury. They talked and Sankar gave his cellphone number to the girl when she asked for it. One week after that, on Jan. 13, the girl called Sankar while he was off-duty. He agreed to meet both girls at a local mall the next day, which was a Saturday. Sankar picked up the girls at the mall Continued on page 9 Here's the thing, it only moves if you push the button. When we're thinking about our clients, chances are we're not thinking about so we can start thinking about you too. rubinthomlinson.com Published by Canadian HR Reporter, a Thomson Reuters business 2013 3

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