Mitigating Circumstances Warrant Reinstatement for Fired Worker

|Canadian Labour Reporter|Last Updated: 02/03/2011

First warned and then re-trained on medication protocols following three incidents where she failed to properly record and administer medications to residents with developmental disabilities, a Developmental Service Worker was fired following a further incident where she falsely recorded that she had medicated a resident.

The union grieved the termination arguing that while discipline was warranted, mitigating circumstances supported a case for reinstatement.

Hired in 2006, S.M. provided care to residents with developmental disabilities. The home was staffed around the clock with up to three workers on shift during the day and afternoon shifts and two on the overnight.