Canadian HR Reporter

CANADIAN HR REPORTER October 3, 2016 NEWS 9 RECRUITING FINANCIAL PROFESSIONALS? O er positions to over 200,000 Members Highly targeted advertising Immediate matching resume database access FOR MORE INFORMATION, cpacanada.ca/CPASource TELEPHONE•416 204 3284•EMAIL•TGardiner@cpacanada.ca 14-126a_EN_CPAsource_fullpagead_9.625x7.indd 1 1/5/2016 3:24:31 PM Intoxicated, dishonest employee reinstated with full pay in Saskatchewan Prince Albert nursing home ignored sunset clause in collective agreement: Arbitrator BY TODD HUMBER BREACHING a so-called "sunset clause" in a collective agreement is a quick way to ensure a termina- tion won't stand up to an arbitra- tor's scrutiny. at's a lesson that manage- ment at the Mont St. Joseph nurs- ing home in Prince Albert, Sask., learned after it fired a continuing care assistant who showed up for her shift drunk. e arbitrators systematically tore apart the employer's logic for terminating Louise Storey, who began working for the home in 2007 and was fired on June 19, 2014. Even if the nursing home had been justified in terminating Sto- rey for cause, the case would have fallen apart because management ignored the sunset clause — which stated discipline would only be held on record for two years. Background On June 18, 2014, Storey arrived late for her shift and one of the residents complained about her intoxication. A co-worker told a nurse Storey reeked of alcohol and the nurse called Lesley Larrea, the director of care, at home. Larrea then drove to the nursing home and spoke with Storey. Larrea said Storey smelled of alcohol, looked tired, avoided eye contact, had slurred speech and relied on hand carts and a hand- rail while walking. Larrea sent her home in a cab. The next day, Larrea called Storey in for a meeting to discuss the incident along with a union representative. Larrea apologized and claimed she had had only one drink before work and had taken half a sleeping pill 12 hours prior to the shift. Larrea didn't believe her and thought the mismatched facts be- ing presented amounted to gross misconduct. She read Storey a prepared termination letter, citing the fact she denied being intoxicated and that working under the influence of drugs or alcohol was a serious safety issue. Interestingly, Larrea had also prepared a second letter — which outlined an unpaid suspension that required Storey to enrol in a treatment program and the ac- commodation that would be of- fered on her return to work. is was contingent on Storey offering an explanation — essen- tially admitting she had an addic- tion problem. Because she didn't make such an admission, Larrea fired her. History of incidents During the meeting, Larrea brought up similar situations that happened in the past — including instances from 2007, 2008 and 2010. ere was no question Storey had some issues in the past. Her previous partner slashed her throat with a knife and she had to have surgery on her vocal chords. e brutal attack also left her suf- fering from post-traumatic stress disorder (PTSD). In December 2007, Storey wasn't coping well and turned to drinking alcohol as a crutch. A let- ter that month from her employer discussed an incident where she showed up late with a slurred voice, glazed eyes and breath that smelled of alcohol. A 2008 letter outlined how she had been late to work and upon arrival was "disoriented, sluggish and glassy-eyed." In February 2010, an employer letter stated Storey "arrived at work smelling of alcohol, (with a) staggering gait, speech slurred and eyes glazed." She was suspended for three days and required to at- tend a treatment program for al- cohol addiction. Storey attended a 28-day in- house program at the Metis Ad- dictions Council of Saskatchewan as an outpatient in 2010 and an inpatient in 2011. Despite this, Larrea testified that though she knew of "similar- type situations" from Storey's past, she was unaware she had an alcohol addiction or had a medi- cal health issue resulting from addiction. Two days before she showed up to work drunk in 2014, Storey told Larrea she was seeing a counsellor who recommended she take some time off — but she didn't formally request it. Storey felt it wouldn't have been granted because the nursing home was short-staffed. Arbitration At arbitration, the employer ar- gued there was no expert medical evidence that Storey had an addic- tion to alcohol. She denied being intoxicated when at work, or the following day, but later admitted she was drunk. She was dishonest, and the home had no duty to accommo- date an "alleged disability," it said. Even if there was a medical CRY > pg. 16 e employer argued there was no expert medical evidence Storey had an addiction to alcohol and it had no duty to accommodate an "alleged disability."

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