Alberta Union of Provincial Employees v. Chartwell Master Care Emerald Hills

A licensed practical nurse with over 15 years of experience and a clean record became her unit’s Chapter Chair — then fell into a pattern of dishonesty with her employer, the Labour Board, and the arbitration board itself. The arbitrator upheld her termination and dismissed unfair labour practice allegations finding no evidence she was targeted for her union involvement.

Background

The grievor is a licensed practical nurse (LPN) with over 15 years of experience at Chartwell Master Care Emerald Hills. Prior to the events leading to this arbitration, she had never been disciplined by the employer nor investigated by the College of Licensed Practical Nurses of Alberta. She was elected as Chapter Chair of the Union and undertook much of the work of a steward, without officially holding that role.

In May 2024, the grievor was involved in an incident with a resident that reflected poor practice in the eyes of the employer, resulting in a one-day suspension. In June 2024, she was involved in two further incidents, one of which she lied about to protect another employee, leading to a three-day suspension. The employer subsequently received two whistleblower complaints, one alleging that she used her personal phone to take pictures of a resident. The grievor maintained her innocence until presented with photographic evidence, at which point she admitted to taking the photos. In July 2024, she was terminated for cause.

The Union grieved all three disciplinary measures and filed a complaint before the Alberta Labour Relations Board (ALRB), alleging the discipline constituted a campaign of harassment and intimidation against the bargaining unit generally and the grievor in particular. The ALRB deferred the unfair labour practice complaints to arbitration.

Issue

Was the grievor’s termination for cause justified under the Wm. Scott & Company Ltd test? Did the discipline imposed constitute unfair labour practices targeting the grievor for her union involvement?

Decision

Arbitrator Asbell, KC applied the three-part test from Wm. Scott & Company Ltd v. Canadian Food and Allied Workers Union, Local P-162 to assess whether the grievor’s termination was appropriate. The arbitrator found that, while the initial one-day suspension was harsh, the nurse’s subsequent dishonesty and refusal to accept responsibility for her actions warranted termination.

The arbitrator found that the grievor had fabricated accounts of incidents during investigations, misled the ALRB, and continued to lie during arbitration. This pattern of dishonesty undermined the trust essential to the employment relationship, particularly in a healthcare setting where high standards of integrity are required.

The nurse’s breaches of confidentiality — including taking and sharing resident photos using her personal phone — were deliberate violations of the employer’s policies. Her justification that these actions were in the residents’ best interests did not excuse her conduct, especially given her awareness of the policies and her initial denial during the investigation.

The arbitrator emphasized that the nurse’s failure to acknowledge her wrongdoing or demonstrate remorse made rehabilitation impossible. Her actions, including prioritizing her Union role over her professional obligations, demonstrated a lack of accountability and respect for workplace policies.

The Union’s allegations of unfair labour practices were also dismissed, as there was no evidence that the nurse was targeted due to her union involvement.

Citation: 2026 CanLII 16322 (AB GAA)