Canadian Employment Law Today

June 20, 2018

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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PM40065782 Emplo y ment Law Today Canad ad a ian June 20, 2018 Hospital dispenses dismissal to sticky-fi ngered pharmacy technician Technician claimed it was common for drug counts to be inaccurate, but the only recorded discrepancies were hers BY JEFFREY R. SMITH A NEW BRUNSWICK arbitrator has up- held the dismissal of a pharmacy technician whose inaccurate recordkeeping showed that she likely was stealing narcotics. Shelley Arsenault was a pharmaceutical technician hired in 2007 by the Doctor Ev- erett Chalmers Hospital (DECH) in Freder- icton, N.B. Since Arsenault was a technician and not a pharmacist, she wasn't licensed by any governing body or college of phar- macists — instead, she was a graduate of a diploma program that focussed on general practices associated with the pharmacy technician role, helping the pharmacist. When Arsenault started at DECH, she was trained over several weeks on the job. e training included the standard procedure of making a physical count of controlled drugs in stock on a weekly basis. On Nov. 14, 2016, two employees in the DECH pharmacy expressed concern to the pharmacy manager about a medication de- Dangerous dishonesty Lab technician's failure to follow procedures and attempts to thwart investigation broke high standard of trust needed in managing blood supply BY JEFFREY R. SMITH AN ALBERTA arbitrator has upheld the dismissal of a Canadian Blood Services (CBS) technician for her disregard of proto- cols and attempts to cover it up, fi nding the worker couldn't be trusted to maintain the high standards required for managing the blood supply. e worker was hired by CBS, the national blood collection and processing organiza- tion, in October 2003 to be a laboratory at- tendant and team lead. e position includ- ed assignments of end labelling, which is the fi nal processing step before units of blood are released back into inventory for trans- portation to hospitals. End labelling of units of red blood cells, once they've been separated from other components in blood, is set out in a standard operating procedure document that is dis- tributed to all staff , who are trained on it and expected to know it. e procedure includes the stipulation that a unit of red blood cells cannot be kept out of refrigerated storage The ironic taxi service pg. 3 Driver of accessible van can't take wheelchairs due to medical restrictions; discipline and dismissal for refusing such assignments was discrimination Temporary layoffs: Understanding the right pg. 4 Knowing the rules and importance of contractual provision key to legal layoffs FAILURE on page 6 » NO RECORD on page 7 » CREDIT: LISA S./SHUTTERSTOCK with Leah Schatz Ask the Expert pg. 2 Short-term employee's leave request

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