Grievance Information Detail

Grievance Denied - One TPW claimed to have been present when the client hit the wall/railing, but his testimony revealed that he was not present until the client was on the ground. The TPW’s were in the same room when they prepared their written statements of the incident. The arbitrator also found it odd the under such a situation each of the witnesses estimated that the incident lasted exactly 1.5 minutes. The evidence showed that the client had injuries that are common to a person who has been punched. The arbitrator found Mitchell’s testimony to be entirely credible and his version was supported by the client’s version and the nature of the client’s injuries. Found by clear and convincing evidence that the Grievant abused the client. This finding supports the removal. The grievance was Denied.