“The tenets of progressive discipline and the identity people take from their work – which are powerful elements in the employment relationship – can’t be subverted, they need to be followed, and employers need to be almost perfect in following through with [the disciplinary process].”

So says Charles Millar, a senior associate lawyer at Achkar Law in Toronto, after an arbitrator determined that a healthcare employer had just cause to discipline a worker for non-compliance with a vaccine mandate but was too hasty in firing her.

London Health Sciences Centre (LHSC) is a group of acute-care teaching hospitals based in London, Ont. The worker was a full-time child and youth counsellor at the London Children’s Hospital, hired in 2003. She had no discipline on her record.

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