Select Senior Services Ltd. (Lakeshore Care Centre) v. Hospital Employees' Union, 2026 CanLII 92311 is a reminder that a difficult workplace relationship is not automatically workplace harassment and that serious discipline still requires evidence capable of proving the allegations relied on.
The long term care employer terminated a nurse after she had already received two suspensions. It alleged that she harassed coworkers, contributed to a stressful work environment and engaged in related misconduct. The evidence also showed, however, that she performed her nursing duties well and was regarded positively by residents.
The arbitrator found important gaps in the employer's case. There were no written harassment complaints against the nurse. Some coworkers considered her difficult, but their evidence did not establish the harassment or abuse alleged by the employer. The workplace also lacked a written harassment policy that clearly defined the expectations said to have been breached.
The termination was set aside because the employer had not proven the misconduct required to support discharge. The nurse did not ask to return to the workplace, so reinstatement was not ordered. A further hearing was directed to determine the damages payable instead.
The decision does not mean employers need a written complaint before investigating problematic conduct. It does show why an investigation needs to move from general impressions to specific allegations and reliable evidence. Statements that someone is hard to work with or creates tension may justify management attention, but they do not necessarily establish harassment.
For employers considering serious discipline, the record should show what happened, who observed it, what rule or standard applied and why the proven conduct supports the penalty selected. A clear harassment policy helps establish expectations, but the investigation still needs evidence. Labels cannot substitute for facts.