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Nursing manager sues for costs after association dismisses case on appeal

One hundred and sixty thousand dollars is at stake for a nursing manager at Stanton Territorial Hospital who is suing the nursing association for legal fees after the group stripped her of her title and promptly dropped the case on her appeal.
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Tracy Matesic argues the nursing association should cover her hefty legal fees after the group stripped her of her managerial title and then dropped the case at her appeal. Natalie Pressman/NNSL photo

One hundred and sixty thousand dollars is at stake for a nursing manager at Stanton Territorial Hospital who is suing the nursing association for legal fees after the group stripped her of her title and promptly dropped the case on her appeal.

Tracy Matesic and the Registered Nurses Association of the Northwest Territories and Nunavut (RNANTNU) appeared in a Yellowknife courtroom on June 10 to argue whether or not RNANTNU would pay MatesicSA国际影视传媒檚 legal costs, $160,000, for appealing their complaint against her.

The complaint followed a short-staffed shift in 2018 when nurses in the obstetrics ward argued that Matesic put patient safety at risk by overworking staff. Recognizing the urgency of the complaint, the association immediately established a panel to investigate.

Once concluded, the investigation lead to Matesic being stripped of her managerial role and a notice was sent to nursing associations across the country to solidify her punishment nationally.

Austin Marshall, representing Matesic, told the court that SA国际影视传媒渕inds were getting made up very early on,SA国际影视传媒 pointing to emails between the associationSA国际影视传媒檚 investigator and two nurses interviewed in the investigation.

The emails include statements of assurance that SA国际影视传媒渘one of this has fallen on deaf ears,SA国际影视传媒 to SA国际影视传媒渉ang in there,SA国际影视传媒 and that SA国际影视传媒渢here will be an outcome and there will be change.SA国际影视传媒

Before the association has concluded their investigation, the official is telling nurses that SA国际影视传媒渟he understands how they feel and wants them to know there will be change,SA国际影视传媒 Marshall said.

When Matesic appealed the decision, the panel dismissed the case and reversed their stipulation that Matesic could not act as a manager.

Marshall said the decision is an example of the committee SA国际影视传媒渟truggling with its role.SA国际影视传媒

In an interview with Marshall, Theresa Hansen, the on-call labour and delivery doctor on the night in question, said that she was SA国际影视传媒渟addened that a situation that I view as somewhat beyond any one individualSA国际影视传媒檚 control has led to punitive action by RNANTNU.SA国际影视传媒

SA国际影视传媒淎lthough the circumstances were far from ideal, the patients were managed well,SA国际影视传媒 she said of the short staffed shift.

After 442 hours of billable time at a rate of $300 an hour, Matesic owes Marshall $160,000, a sum he argues RNANTNU should pay.

Greg Sim, representing the association, calls that an amount SA国际影视传媒渢hatSA国际影视传媒檚 just not reasonable.SA国际影视传媒

He offered instead for the association to pay $6,000.

Sims said RNANTNU would pay party/party costs SA国际影视传媒 costs payable to the successful party in a litigation matter SA国际影视传媒 but that it was SA国际影视传媒渘ot appropriateSA国际影视传媒 to pay solicitor/client costs SA国际影视传媒 the legal fees the lawyer charges.

Justice Andrew Mahar said that he would need some time to consider the evidence before making a ruling. He did not set a date for his decision.





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