In Calgary Regional Health Authority v. U.N.A. Local 115 [2001] A.G.A.A. No. 24 the grievor was terminated for having ingested methadone belonging to a patient after which he continued to treat patients, failed to chart the methadone administered to the patient, and left his work station early without advising the charge nurse. Psychiatric evidence was adduced establishing that at the time of the incident he had been suffering from an acute adjustment disorder with mixed disturbance of mood and this mental adjustment disorder was a mental disability. Arbitrator Price held the mental disability required the Employer to accommodate him which it failed to do and in light of a consideration of the other factors to be considered in assessing the penalty he set aside the termination, substituted a period of suspension of approximately 17 months without compensation or benefits and ordered him reinstated conditional upon the grievor re-attending upon his psychiatrist for continued monitoring.
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