Nurse fired after trying to hide restriction on treating patients

Nurse not allowed to be alone with female patients following sexual assault charge, but followed bad advice in trying to manage it himself
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 07/06/2016

Employee dishonesty is taken seriously by employers, as well as courts and arbitrators. It can often in itself be just cause for dismissal. But there are other factors to consider when determining if the employment relationship is damaged beyond repair. However, even if the employment relationship is salvageable, the employer may not have to bring the employee back to work right away if the employee was dishonest about his ability to do his job.

A Manitoba arbitrator has reinstated a nurse who was fired for failing to disclose restrictions on his professional duties but has also indicated the employer isn’t obligated to accommodate those restrictions.

Tousif Ahmed is a registered nurse who worked in the emergency department of the Victoria General Hospital in Winnipeg, which is operated by the Winnipeg Regional Health Authority. Ahmed was hired in June 2011 as a casual health care assistant and, after an unpaid educational leave, he was hired in July 2012 to be a night-shift nurse in the emergency department. He had no discipline on his record and the hospital had no issues with his competency or professionalism as a nurse.