Safety & HCM Post

School Can Discipline (But Not Fire) Employee for Misconduct as a Parent

Tammy not only worked for but also had a son with ADHD in the local elementary school. While a capable employee, she also had a bit of a temper especially when acting in her parent capacity. After a series of nasty confrontations with administrators and teachers, she was fired. Exactly what happened in the culminating incident was hotly disputed. But after sorting through the witness accounts, the arbitrator concluded that it was clear that Tammy had behaved disrespectfully to her colleagues. And this was grounds for employment discipline even though she was acting as a parent of a special needs child at the time. However, for that same reason, the arbitrator reduced the penalty from termination to unpaid suspension [CUPE, Local 5047 v Halifax Regional School Board, 2017 CanLII 83940 (NS LA), Nov. 20, 2017].

Bongarde Editorial

Bongarde Editorial

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