
The grievor, a correctional officer, was involved in a domestic situation to which the police were called – legal firearms were seized, and the grievor was alleged to have threatened suicide – he was hospitalized for a psychiatric evaluation – the psychiatrist concluded that the grievor needed medical and psychological treatment without which he would be unable to return to his duties without putting his own life and those of his co-workers in danger – the grievor alleged that the time between his release from the hospital and his return to work some months later was disguised disciplinary discharge – the adjudicator found that the employer did not take any disguised disciplinary action – the employer’s actions were motivated by legitimate concerns about the grievor’s health and the impact that those concerns could have had on the security of the institution – the grievor had been advised by the employer of what he had to do to be reinstated, and he was reinstated once he provided the required medical information – the delay in reinstating him resulted from the employer exercising its rights and obligations towards the grievor and its personnel to assure the health and safety of all – the grievor did not change the grounds of his grievance at adjudication – he had refused grievance hearings, and the wording of his grievance was unclear in that he had specified no position during the grievance process.
Grievance denied.