The decision from the Supreme Court of Nova Scotia did not detail the cause of these complaints. But a previous decision from the Nova Scotia Court of Appeal noted that the NSHA appointed Poirier ADR Inc. to investigate the three complaints further to the process in the Respectful Workplace Policy.
The agreement between the NSHA and Certitude directed the investigator to “base the findings of the investigation on all of the evidence and draw reasonable inferences therefrom” and provide the NSHA’s representative with “an investigation report that sets out the Investigator’s findings, conclusions, and recommendations”.
By letters dated May 9, 2022, the NSHA notified Drs. Finkle and West of the complaints and the investigator’s appointment. The letters also notified Drs. Finkle and West that, effective immediately, the NSHA was altering their shift rotations during the investigation.
On Dec. 8, 2022, investigator Andrea Lowes delivered to the NSHA three reports with findings on the complaints. The reports included assessments of credibility, findings of fact, analyses, conclusions and recommendations. The reports found most of the complaints were unfounded, but:
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