Evidence insufficient to terminate nurse

Video surveillance does not prove that he was lying about his injury. The activities were within the range of his capabilities, but he should have been more forthright.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 07/18/2011

A nurse was fired after off-hours video surveillance of him persuaded the employer that he was not being forthright about his medical condition.

Certified as a Registered Nurse in 1999, M.S. began part-time at a Regional Health Centre in 2002. He became full-time in 2004, specializing in dialysis. M.S. was also active in the union, sitting on the Human Rights committee and acting as a union representative.

In 2005, M.S. sustained a work-related injury resulting in a diagnosis of a bulging disc in his spine at L4-5. About one year later, M.S. was off work for about one month following a knee injury. Arthroscopic surgery was performed on the knee.