An Ontario arbitrator has found that Almonte General Hospital breached its collective agreement by failing to provide written reasons for releasing a probationary nurse, but determined the breach did not void the termination decision.
The case involved M.C., a part-time probationary nurse who was released from employment on March 16, 2023. The Ontario Nurses’ Association (ONA) filed a grievance arguing that the termination was void or a nullity due to the hospital’s failure to provide proper written reasons as required under Article 7.06(a) of the collective agreement.
Termination letter deemed insufficient
The arbitrator found that the hospital’s termination letter, which simply stated the nurse’s employment was terminated “due to your inability to successfully complete your probationary period,” did not satisfy the collective agreement requirement.
“Being ‘unsuccessful’ is an outcome, not a reason, and an ‘inability’ is simply too broad and too remote to constitute or describe any kind of meaningful basis for the decision,” the arbitrator stated.
The collective agreement provision in question requires the hospital to “provide a probationary nurse with written reasons for their release within seven (7) days of such release, with a copy to the Local Union.”
Verbal explanations considered
Although written reasons weren’t provided, the arbitrator considered evidence that verbal explanations were given during the termination meeting. The nurse’s manager testified she had referenced specific issues including a charting problem, the nurse not being receptive to feedback, and alleged retaliatory behaviour toward colleagues.
The grievor herself acknowledged having received feedback during her employment regarding an injection event in late November 2022, a charting issue in December 2022, and an alleged failure to properly label a specimen in February 2023.
The arbitrator noted that at a Step 2 grievance meeting on April 19, 2023, the employer advised the union that the termination was based on “issues with the Grievor’s practice and her attitude towards other staff who felt bullied by the Grievor.”
Breach did not void termination
While finding that the hospital had breached the collective agreement, the arbitrator was not persuaded that this breach rendered the termination decision void or a nullity.
Citing previous arbitral jurisprudence, particularly Hamilton Health Sciences v. Ontario Nurses’ Association (2010), the arbitrator adopted the reasoning that non-compliance with such provisions “may but does not automatically void the discipline imposed. Whether discipline is void will depend on the circumstances.”
The arbitrator distinguished between the requirement to provide “reasons” versus “information” or “details,” noting that a reason is “the ‘why’ of the decision in a general way” and does not equate to providing full particulars.
“I am not satisfied that either the grievor or the Union have been prejudiced in any material way that cannot be remedied,” the arbitrator wrote, finding that the breach “did not interfere with the filing of a grievance” and that verbal reasons provided at the Step 2 meeting were “sufficient to enable me to reasonably conclude that the Union’s ability to assert its case and the Grievor’s right to a fair hearing have not been prejudiced.”
Different standards for probationary employees
The arbitrator emphasized that probationary employees are subject to a different standard than those who have completed probation.
While regular employees can only be discharged for just cause, probationary employees can be released for performance issues unless the union can establish the release was “arbitrary, discriminatory or in bad faith” or for “exercising a right under the Agreement.”
This distinction impacts the purpose of providing written reasons. For probationary employees, written reasons are less about the employer establishing its case and more about allowing the union to assess those reasons against the standard provided in the collective agreement.
Remedy ordered
Despite declining to void the termination, the arbitrator found that “a mere declaration seems insufficient acknowledgment of the breach and may fail to ensure or encourage future compliance.”
As a remedy, the arbitrator ordered the hospital to pay the grievor lost compensation from the date of release (March 16, 2023) to seven days prior to the Step 2 meeting (April 12, 2023), calculated based on the nurse’s average part-time hours worked during her employment.
The arbitrator specified that while this might impact the formal date of termination, it was not intended to affect the nurse’s probationary status, which under the collective agreement is based on hours worked, not hours paid.
The case will proceed to a hearing on the merits to address the substantive aspects of the termination.
For more information, see Almonte General Hospital v Ontario Nurses’ Association, 2025 CanLII 39307 (ON LA).
