Breach of Last Chance Agreement Warrants Termination

|Canadian Labour Reporter|Last Updated: 02/06/2011

Subject to a last chance agreement after being caught attempting to steal morphine from the workplace, a nurse was terminated after local police notified her employer that she had been found in her car in an intoxicated state numerous times after apparent abuse of inhalants.

While the grievor drowned in unexplained circumstances prior to the proceedings, the union grieved the termination on behalf of her estate for the benefit of her infant child. The union argued that the termination was without just cause and in violation of both the collective agreement and the Ontario Human Rights Code.

Shortly after being hired as a part-time nurse in 2005, T.P. made contact with the hospital’s occupational health services department seeking help for depression. Later, she was caught attempting to palm an ampoule of morphine.