Arbitrator overturns dismissal of Coquitlam care aide, finding employer assembled unsupported allegations

Labour arbitrator Christopher Sullivan has upheld a Hospital Employees’ Union grievance for Meriam Dacquel, overturning her March 14, 2025 dismissal from Lakeshore Care Centre in Coquitlam. In an Aug. 28 decision, Sullivan found Select Senior Services Ltd. had no just cause to discipline Dacquel, let alone terminate her employment.

Select Senior Services employs health-care aides and licensed practical nurses at the 56-bed home, which is operated by The Care Group. Dacquel had worked at the facility since January 2019, including through the COVID-19 pandemic. Her termination letter alleged that she failed to comply with the nursing team and care plans, harassed nurses and other health professionals, gossiped and contributed to a stressful workplace. It also alleged that a former nurse said interactions with Dacquel contributed to the nurse’s resignation.

Sullivan found the allegations were unsupported by the evidence. A nurse who had raised concerns about Dacquel testified that she performed her job well, was very kind to residents and was competent. No formal harassment complaint had been filed. The concerns of a dietitian largely involved Dacquel asking questions about residents and their care; while the dietitian said the questions had become overwhelming, she also acknowledged that care staff were essential and sometimes knew more about residents than she did.

The arbitrator also rejected an allegation involving Dacquel’s decision in February 2025 to let a resident use a walker instead of the wheelchair specified in the care plan. He found it was a judgment call in the circumstances, noting that a registered nurse saw the resident walking steadily and did not intervene.

Sullivan criticized the employer’s investigation, finding it had conducted no investigation of substance before the dismissal and did not begin formally interviewing witnesses until mid-April 2025, more than a month later. He said the process appeared intended to create a post-facto justification for the dismissal.

Dacquel had two prior suspensions related to her communication style, but had received no discipline for 17 months. Those suspensions were due to be removed from her record on April 18, 2025. Sullivan noted that Dacquel had been active in the union as a bargaining representative, local executive secretary-treasurer and shop steward. He found that, although her direct communication style could use adjustment, her conduct was focused on resident safety and care.

Dacquel told the arbitration that she did not want to return to her job. Rather than order reinstatement, Sullivan directed that she be made whole for lost wages and benefits from her dismissal until June 29, 2026, when she indicated she was no longer seeking reinstatement. The parties will determine the amount of compensation.