Dismissed for refusing to acknowledge that his intervention was inappropriate

An intervention officer in a psychiatric facility challenges his dismissal. The employer accused him of grabbing by the throat and moving a patient who had just assaulted a nurse, of insulting the patient, of refusing to let him go despite the requests from a colleague nurse, of pushing him onto a bed and accepting his invitation to fight. The employee never acknowledged that his intervention was inappropriate. Instead, he maintains that his intervention towards the patient was appropriate and that he would do the same thing if the situation happened again. Lack of remorse and recognition of the inappropriateness of the intervention are determining aggravating factors. The vulnerable nature of the clientele and the attempts to cover the truth by claiming that he grabbed the patient by the shirt are as well. The rule of gradation of sanctions does not apply since the employee is unable to recognize the seriousness of his fault. The grievance is dismissed.

Syndicat du personnel paratechnique, des services auxiliaires et de métiers du CIUSSS de la Mauricie-et-du-Centre-du-Québec  and CIUSSS de la Mauricie-et-du-Centre-du-Québec
2022EXPT-2451, 2022 QCTA 468, M^e Frédéric Tremblay