summarize and present the case given
Final Assignment – The Case of Robyn Andrews Employee and Labour Relations, HRMN 1022 THE FACTS The facts of the case are not in dispute. The facts of the case are not in dispute. Robyn Andrews was a registered nurse employed in the cancer unit of University Hospital. Andrews is now 35 years old and was hired by University Hospital on June 1, 2009. Her performance was commendable. The hospital has a three-point performance rating system: (1) does not meet expectations; (2) meets expectations; and (3) exceeds expectations. All years but 2018, Andrews received the highest rating of “exceeds expectations.” In 2018, she received a “meets expectations” rating. In her role as a cancer nurse, Andrews was responsible for monitoring patient care, administering cancer drugs (e.g., chemotherapy, opioids), monitoring patient regimes, and counselling patients and their families concerning cancer care options. Accordingly, nurses on this unit were required to maintain certification as “cancer specialists.” Andrews received this certification the year she was hired and had maintained it ever since. Andrews was verbally counselled and received two written warnings for absenteeism on February 14, 2018, July 25, 2018, and October 4, 2018, respectively. She was terminated on November 7, 2018, following a three-day leave of absence without permission. The letter of discharge states that she was terminated for failing to call in sick as well as for excessive absenteeism (20 percent as against a hospital average of 5 percent). A union representative was present during each of the meetings where warnings were presented to Andrews. At no point during these meetings was Andrews reminded of the hospital’s confidential Employee Assistance Program (EAP). After the discharge, Andrews sought treatment for a drug and alcohol addiction. She has been in and out of counselling since December 2018. Between the initial treatment in December 2018 and the time of the arbitration hearing (July 15, 2019), she had two major relapses in which she stopped attending her counselling sessions (dates: January 3, 2019, and March 17, 2019). She has been drug and alcohol-free since April 11, 2019. Andrews’s addiction counsellor, Dr. Asan, believes that she has a 60 percent chance of remaining chemical-free over the next few years. In Dr. Asan’s opinion, it was the unexpected death of Andrews’s 8-year-old daughter, who in March 2017 died in the ER of the hospital where she worked, that caused the subsequent addiction. Specifically, Williams lost control of her car when it hit black ice. An accident followed where she was injured, and her daughter subsequently died. Andrews was prescribed oxycodone as a painkiller for her accident-related injuries. There is no evidence that Andrews ever stole Copyright 2021 Nelson Education Ltd. oxycodone from the hospital; however, that medication is readily available on the cancer unit where she works. Now that her patient has recovered from this tragic event shock, Dr. Asan believes that Andrews can maintain an acceptable attendance and performance record as a cancer nurse in the future. Regarding other employees, Ms. Gomez (her manager) states that only one other cancer nurse, out of a staff of 25, had an absenteeism rate greater than 10 percent (12 percent). That nurse was given a written warning. Since this warning, her atten0dance has improved. Hence, further discipline was not necessary in that case. KEY DATES June 1, 2009: Andrews hired February 14, 2018: Verbal counselling July 25, 2018: Written warning October 5, 2018: Second written warning November 7, 20128: Termination December 2018: Andrews’ initial treatment July 15, 2019: Arbitration Relevant Collective Agreement Clause Article 15 – Corrective Action and Discipline 15.1. Employees can be disciplined only for just cause. Such discipline must be reasonable and commensurate with the seriousness of the violation. 15.2. Both the union and the hospital believe in the concept of progressive discipline. Accordingly, they agree that a verbal counselling should normally take place prior to any disciplinary action. Should an employee’s conduct or performance not improve after this counselling, the normal progression of discipline will be as follows: • Step 1: Written warning • Step 2: Second written warning • Step 3: Suspension without pay • Step 4: Termination Copyright 2021 Nelson Education Ltd. 15.3. Notwithstanding clause 15.2, it is understood that certain offences are sufficiently serious to warrant immediate discharge and/or a faster progression through the process outlined in 15.2. 15.4. Employees have the right to have a union representative present during any of the steps outlined in clause 15.2. FINAL ASSIGNMENT INSTRUCTIONS This assignment requires you to apply the arbitral principles of just case for discipline and discharge. This assignment is based on (1) independent research of arbitration jurisprudence, (2) lecture material, (3) the assigned textbook, and (4) the above case of Robyn Andrews. In order to understand the principals involved in the case, it will be necessary to review relevant arbitral jurisprudence. The texts Canadian Labour Arbitration by Brown and Betty and Collective Agreement Arbitration by Palmer and Palmer offer excellent summaries. It will also be necessary to review cases reported in the series Labour Arbitration Cases (LACs). All these sources should be available from the campus/local library and/or online (https://www.canlii.org/en/on/onla/). Please respond to the following statements when forming your paper: 1. Summarize the key arguments from both the management and union sides. (40 marks) 2. 2. Fully present and justify the award you would provide if you were an arbitrator. (60 marks) Your reasoning should be concise and logically consistent. You should cite relevant arbitral jurisprudence to guide your decision. Your written paper should be in Word, Pages, or PDF format, at least two full pages in length, but no more than three (font size 10-12ppt), and with your full name and student ID printed on the top of the first page. This final assignment is worth 20% of your final grade. Copyright 2021 Nelson Education Ltd.