Dr. Zwicker

The grievor, a registered nurse at a maximum-security psychiatric facility, was suspended with pay pending an investigation into allegations of patient abuse.

He was ultimately cleared of the allegations but grieved the suspension, arguing the Employer breached its obligation to protect his health and safety under the collective agreement by failing to follow its own investigation policy, which caused him severe emotional distress and damage to his reputation.

The Grievance Settlement Board dismissed the grievance, finding that the Employer's decision to suspend the grievor was a reasonable and necessary step to protect vulnerable patients given the serious nature of the allegations, and that the Employer could not have foreseen the grievor's severe reaction.