Five complaints received by supervisor during vacation
A long-time employee at the Saskatoon Community Clinic was terminated after multiple issues arose in a short period of time.
Carla Smith, receptionist, first worked at the clinic in 1975, but retired in 2008. She returned to the clinic in 2009.
Smith had no negative discipline on her record for the entire time employed, but during a meeting on March 17, 2016, she said, “Well, fuck you” to two supervisors during a discussion about Smith not taking her full complement of EDOs (earned days off).
The EDO program was mandated by the clinic and compelled employees to work extra time on certain days, and to take the resulting EDOs regularly. The time was unpaid, which Smith said negatively affected her pay and she said she was having trouble paying her rent, leading to the profane comment.
After the meeting, Smith was given a letter of reprimand. She also attached a letter of apology to the note.
After further discussion, management decided to suspend Smith for three days. “This behaviour will not be tolerated. Any future occurrence will result in termination of employment,” said the letter written by Stan Rice, interim executive management.
In September, Marie Bruce, manager of support services and information services, returned from vacation and was presented with five complaints about Smith’s behaviour during Bruce’s time off.
A meeting was held on Sept. 19 and Smith was asked about the various complaints. She didn’t apologize for anything, according to testimony.
The first complaint was from Leilani Oscaris, receptionist and clinical office assistant, about bullying behaviour. When asked about it, Smith responded, “That was Lanie and I did bully her.”
Another complaint alleged Smith advised a patient about a doctor of the clinic passing away, despite being told by management the doctor’s death was supposed to be held in confidence until the family had posted an obituary notice.
The third complaint was about a lab requisition that Smith created, even though receptionists were not allowed to create them, only doctors or nurses . A digital trail was shown as clear evidence Smith created the document.
Smith initially denied making the document during a meeting, but eventually she promised not to do so again.
The final two complaints were about disrespectful and aggressive behaviour toward other clinic employees.
After the meeting, Smith was fired. “Disrespectful, aggressive behaviour is a violation of the personal conduct policy and will not be tolerated,” said the letter. Smith and the Canadian Union of Public Employees (CUPE), Local 974, immediately grieved the decision. At the time, Smith was the local union president.
Arbitrator Anne Wallace (backed by fellow board member Eric Sarauer but not by Dolores Douglas) dismissed the grievance.
“Smith had a prior record of discipline for insubordination by refusing to follow employer policy with respect to the EDOs and for insolence in the use of abusive and disrespectful language towards her manager and the employer. Smith had been warned that termination would result if the behaviour continued. The nature of Smith’s conduct was such that the bond of trust with the employer was so fractured that no amount of corrective or rehabilitative measures could have restored that bond,” said Wallace.
As well, her attitude during the September meeting proved “Smith did not frankly acknowledge that any of her behaviour was wrong, that she understood why it was wrong, or that she was sorry for what she had done,” said Wallace.
“Often between a suspension or termination and the arbitration hearing, a grievor comes to understand and accept the inappropriateness of the behaviour that resulted in the discipline. (Smith) admitted less at the hearing than she had at the meeting in September 2016. (Smith) gave no frank acknowledgement that any of her behaviour was wrong, no indication she understood why it was wrong, and no indication that she was sorry for what she had done.”
Reference: Saskatoon Community Clinic and Canadian Union of Public Employees, Local 974. Anne Wallace — arbitrator. Leah Schatz for the employer. Janice Janzen for the employee. May 8, 2018. 2018 CarswellSask 459
Carla Smith, receptionist, first worked at the clinic in 1975, but retired in 2008. She returned to the clinic in 2009.
Smith had no negative discipline on her record for the entire time employed, but during a meeting on March 17, 2016, she said, “Well, fuck you” to two supervisors during a discussion about Smith not taking her full complement of EDOs (earned days off).
The EDO program was mandated by the clinic and compelled employees to work extra time on certain days, and to take the resulting EDOs regularly. The time was unpaid, which Smith said negatively affected her pay and she said she was having trouble paying her rent, leading to the profane comment.
After the meeting, Smith was given a letter of reprimand. She also attached a letter of apology to the note.
After further discussion, management decided to suspend Smith for three days. “This behaviour will not be tolerated. Any future occurrence will result in termination of employment,” said the letter written by Stan Rice, interim executive management.
In September, Marie Bruce, manager of support services and information services, returned from vacation and was presented with five complaints about Smith’s behaviour during Bruce’s time off.
A meeting was held on Sept. 19 and Smith was asked about the various complaints. She didn’t apologize for anything, according to testimony.
The first complaint was from Leilani Oscaris, receptionist and clinical office assistant, about bullying behaviour. When asked about it, Smith responded, “That was Lanie and I did bully her.”
Another complaint alleged Smith advised a patient about a doctor of the clinic passing away, despite being told by management the doctor’s death was supposed to be held in confidence until the family had posted an obituary notice.
The third complaint was about a lab requisition that Smith created, even though receptionists were not allowed to create them, only doctors or nurses . A digital trail was shown as clear evidence Smith created the document.
Smith initially denied making the document during a meeting, but eventually she promised not to do so again.
The final two complaints were about disrespectful and aggressive behaviour toward other clinic employees.
After the meeting, Smith was fired. “Disrespectful, aggressive behaviour is a violation of the personal conduct policy and will not be tolerated,” said the letter. Smith and the Canadian Union of Public Employees (CUPE), Local 974, immediately grieved the decision. At the time, Smith was the local union president.
Arbitrator Anne Wallace (backed by fellow board member Eric Sarauer but not by Dolores Douglas) dismissed the grievance.
“Smith had a prior record of discipline for insubordination by refusing to follow employer policy with respect to the EDOs and for insolence in the use of abusive and disrespectful language towards her manager and the employer. Smith had been warned that termination would result if the behaviour continued. The nature of Smith’s conduct was such that the bond of trust with the employer was so fractured that no amount of corrective or rehabilitative measures could have restored that bond,” said Wallace.
As well, her attitude during the September meeting proved “Smith did not frankly acknowledge that any of her behaviour was wrong, that she understood why it was wrong, or that she was sorry for what she had done,” said Wallace.
“Often between a suspension or termination and the arbitration hearing, a grievor comes to understand and accept the inappropriateness of the behaviour that resulted in the discipline. (Smith) admitted less at the hearing than she had at the meeting in September 2016. (Smith) gave no frank acknowledgement that any of her behaviour was wrong, no indication she understood why it was wrong, and no indication that she was sorry for what she had done.”
Reference: Saskatoon Community Clinic and Canadian Union of Public Employees, Local 974. Anne Wallace — arbitrator. Leah Schatz for the employer. Janice Janzen for the employee. May 8, 2018. 2018 CarswellSask 459
