Christopher Bryden

The Union filed grievances concerning the interpretation of clause 18.1.1(b) of the 2015-17 Central Working Conditions and Employee Benefits Collective Agreement, which determines the continuous service date for fixed-term employees converting to regular status.

The Union argued that a newly added second paragraph applied to all fixed-term employees, relying on bargaining history and prior interpretations.

The Employer maintained that the clear language of the provision restricted its application to full-time fixed-term employees.

The Arbitrator dismissed the grievances, finding that the ordinary and grammatical meaning of 'full-time fixed-term employees' restricted the provision to that specific group, and that the Union failed to establish a shared understanding to the contrary during negotiations.

Three correctional officers filed grievances alleging that a senior co-worker engaged in a long-term pattern of workplace violence, bullying, and harassment, including repeatedly threatening them with a knife.

The employer investigated, substantiated the allegations, and terminated the co-worker, who then grieved his dismissal.

In this preliminary decision on the facts, the arbitrator found the complainants' evidence credible despite the delay in reporting, which was attributed to the correctional 'Code of Silence'.

The arbitrator concluded on a balance of probabilities that the co-worker did carry a knife in the institution and had threatened the grievors with it on multiple occasions.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for professional misconduct.

The member admitted to making an inappropriate sexual comment to a vulnerable patient after performing a catheterization and failing to document the procedure.

The Discipline Committee found the member committed professional misconduct, noting the conduct was dishonourable and unprofessional.

Accepting a joint submission on penalty, the Committee ordered a three-month suspension, an oral reprimand, meetings with a regulatory expert, and employer notification requirements.

The parties met to mediate two grievances alleging discrimination based on disability and failure to accommodate, resulting in a loss of pay and vacation credits.

The parties determined that case management was necessary to facilitate mediation.

The arbitrator issued a case management decision outlining the agreed-upon schedule for the delivery of particulars, prehearing production, and preliminary motions leading up to the scheduled mediation.

The Member, a registered nurse, faced allegations of professional misconduct relating to inadequate patient care, failure to document vital signs, improper medication administration, pre-pouring medications, and leaving narcotics unattended.

The Member admitted to the allegations through an Agreed Statement of Facts.

The Discipline Committee found the Member committed professional misconduct.

Accepting a Joint Submission on Order, the Committee ordered an oral reprimand, a three-month suspension of the Member's certificate of registration, and various remedial conditions including meetings with a regulatory expert and completion of a patient safety course.

The Union requested the production of employment and medical related documentation for certain employees in relation to a grievance claiming entitlement to the Custodial Responsibility Allowance.

The Arbitrator found the requested documentation arguably relevant to the issues in dispute and directed the Employer to disclose it forthwith, subject to strict privacy conditions restricting its use and dissemination.

Two correctional officers grieved the termination of their employment.

They were discharged for failing to intervene when an inmate was harassed and physically assaulted by other inmates, and for failing to report the assault to their supervisor or file an occurrence report.

The arbitrator found that the grievors failed in their duty of care to the inmate by not intervening sooner and not exercising appropriate vigilance.

The arbitrator also found that the grievors failed to report the assault and falsely claimed their supervisor had directed them not to file a report.

Given the serious dereliction of duty and the grievors' lack of truthfulness, the arbitrator concluded the employer had just cause for discharge and declined to substitute a lesser penalty.

The grievances were dismissed.

The Member, a registered nurse, faced allegations of professional misconduct relating to medication administration and documentation errors involving five patients at a long-term care home.

The hearing proceeded on an Agreed Statement of Facts in which the Member admitted to contravening standards of practice, failing to keep records, and engaging in unprofessional conduct.

The Discipline Committee accepted the admissions and found the Member committed professional misconduct.

A Joint Submission on Order was accepted, resulting in a reprimand, a two-month suspension, and terms including meetings with a regulatory expert and employer notification.

The College of Nurses of Ontario brought professional misconduct allegations against the member for crossing professional boundaries with a patient and engaging in inappropriate, sexually harassing behaviour towards two nursing colleagues.

The matter proceeded by way of an Agreed Statement of Facts and a Joint Submission on Order.

The Discipline Committee found that the member committed professional misconduct by contravening the standards of practice and engaging in dishonourable and unprofessional conduct.

The Committee accepted the joint submission, ordering an oral reprimand and noting the member's undertaking to permanently resign from the profession.

The Member, a registered nurse, faced allegations of professional misconduct for accessing the electronic health records of multiple patients without consent or authorization.

The Member admitted to the allegations and the parties proceeded by way of an Agreed Statement of Facts and a Joint Submission on Order.

The Discipline Committee found that the Member breached the College's standards of practice and engaged in dishonourable and unprofessional conduct.

The Committee accepted the joint submission on penalty, ordering a reprimand, a 3-month suspension of the Member's certificate of registration, and the imposition of terms, conditions, and limitations including meetings with a regulatory expert and employer notification.

The Member, a registered nurse, faced allegations of professional misconduct for submitting false claims totaling $2,605 to her employer's group benefit plan and receiving non-medical products in return.

The matter proceeded by way of an Agreed Statement of Facts and a Joint Submission on Order.

The Discipline Committee found that the Member committed professional misconduct, including misappropriating property, falsifying records, and engaging in dishonourable conduct.

Recognizing that the Member had paid restitution and signed an undertaking to permanently resign from the College, the Committee accepted the joint submission and ordered an oral reprimand.

The Member, a registered nurse, admitted to committing professional misconduct by submitting 42 false claims totaling $3,015 to her employer's group benefit plan and receiving $1,600.

The Discipline Committee accepted an Agreed Statement of Facts and found the Member committed professional misconduct, including misappropriating property, falsifying records, and engaging in dishonourable and unprofessional conduct.

The Committee accepted a Joint Submission on Order, imposing a reprimand, a 3-month suspension, and terms including meetings with a regulatory expert and employer notification.

The Union filed group grievances on behalf of Cleaners and Stores employees at the Toronto South Detention Centre, alleging that their workload was excessive and posed an unreasonable health and safety risk in violation of the Collective Agreement and the Occupational Health and Safety Act.

The Union sought the assignment of inmate workers to assist the employees, which could also entitle them to the Custodial Responsibility Allowance.

The Arbitrator dismissed the grievances, finding that while the jobs were physically demanding, there was no evidence that the workload was excessive or presented unreasonable health and safety risks.

The Member, a registered nurse, admitted to committing professional misconduct by submitting false claims totaling $4,855 to her employer's group benefit plan for medical products she did not receive.

The Discipline Committee accepted an Agreed Statement of Facts and found the Member committed professional misconduct, including misappropriating property, falsifying records, and engaging in dishonourable conduct.

The Committee accepted a Joint Submission on Order, imposing a reprimand, a three-month suspension of the Member's certificate of registration, and terms including meetings with a regulatory expert and employer notification.

The College of Nurses of Ontario brought allegations of professional misconduct against a registered nurse for submitting false claims to his employer's group benefit plan.

The member admitted to submitting $2,000 in false claims for medical products and splitting the proceeds with a colleague.

The Discipline Committee accepted an Agreed Statement of Facts and found the member committed professional misconduct.

Accepting a Joint Submission on Order, the Committee ordered a reprimand, a three-month suspension, and terms including meetings with a regulatory expert and employer notification.

The College of Nurses of Ontario brought disciplinary proceedings against a Registered Nurse for multiple incidents of improper restraint and excessive force involving four vulnerable psychiatric patients.

The Member admitted to the allegations, acknowledging that his conduct constituted physical, verbal, and emotional abuse, and was disgraceful, dishonourable, and unprofessional.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, a 7-month suspension, and various terms, conditions, and limitations on the Member's certificate of registration, including meetings with a regulatory expert and employer notification requirements.

The Member, a Registered Nurse, admitted to committing professional misconduct by submitting false claims under her employer's group benefit plan for products and services not received.

The Discipline Committee found that the Member contravened standards of practice, misappropriated property, falsified records, and engaged in dishonourable and unprofessional conduct.

The Committee accepted a joint submission on penalty, ordering an oral reprimand, a three-month suspension of the Member's certificate of registration, and terms including meetings with a regulatory expert and employer notification.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for multiple incidents of inappropriate and unwanted physical contact with colleagues and a nursing student.

The member admitted to the allegations, acknowledging his conduct was unprofessional and dishonourable.

The Discipline Committee accepted an Agreed Statement of Facts and found the member guilty of professional misconduct.

Pursuant to a Joint Submission on Order, the Committee ordered an oral reprimand, noting the member had already signed an undertaking to permanently resign his certificate of registration and never reapply.

The Member, a registered nurse, was referred to the Discipline Committee for failing to cooperate with the College's Quality Assurance Committee and failing to complete a required practice assessment.

Despite multiple extensions and offers of accommodation, the Member failed to complete the requirements and subsequently practiced in violation of terms, conditions, and limitations placed on her certificate of registration.

The matter proceeded by way of an Agreed Statement of Facts and a Joint Submission on Order.

The Discipline Committee found the Member committed professional misconduct and ordered a reprimand, a three-month suspension, and terms, conditions, and limitations on her certificate of registration.

The applicant sought judicial review of a decision by the Health Professions Appeal and Review Board (HPARB) which upheld the Inquiries, Complaints and Reports Committee's (ICRC) decision to take no disciplinary action against a nurse.

The applicant alleged that the nurse's improper application of an ice pack caused her elderly mother's death.

The court found that the clinical records attributed the death to vascular degeneration and that the HPARB's decision was reasonable.

The court also declined to admit fresh evidence filed by the applicant, noting it was inadmissible on judicial review and immaterial to the clinical findings.

The application was dismissed with costs.