Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse, and under what conditions, an Ontario arbitrator has decided.
The nurse claimed that she was sexually harassed by the doctor. The hospital stripped the doctor of his privileges so that he could not, at present, practise at the hospital. The union brought a grievance on behalf of the nurse, claiming relief including an assurance from the hospital "that Dr. G. will not be allowed to return to the workplace." The hospital and the doctor claimed that the arbitrator had no authority to order that relief.
The arbitrator decided that he had jurisdiction to determine the essential question: how close Dr. G. should be able to work with the nurse, and under what conditions. That was a labour relations question arising directly from the collective agreement which guaranteed a safe workplace free from harassment.
The arbitrator held that although the Health Professionals Appeal and Review Board had exclusive jurisdiction over the doctor's privileges at public hospitals, the arbitrator had authority to determine how close the doctor should be able to work with the nurse, and under what conditions. This may involve a decision on whether the nurse and doctor should work at different sites or in different locations, and whether the doctor should work at the hospital at all when the nurse is working there.
William Osler Health System v Ontario Nurses' Association, 2013 CanLII 72709 (ON LA)
For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
About Dentons
Dentons is a global firm driven to provide you with the competitive edge in an increasingly complex and interconnected marketplace. We were formed by the March 2013 combination of international law firm Salans LLP, Canadian law firm Fraser Milner Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly regarded law firms. Each built its outstanding reputation and valued clientele by responding to the local, regional and national needs of a broad spectrum of clients of all sizes – individuals; entrepreneurs; small businesses and start-ups; local, regional and national governments and government agencies; and mid-sized and larger private and public corporations, including international and global entities.
Now clients benefit from more than 2,500 lawyers and professionals in 79 locations in 52 countries across Africa, Asia Pacific, Canada, Central Asia, Europe, the Middle East, Russia and the CIS, the UK and the US who are committed to challenging the status quo to offer creative, actionable business and legal solutions.
Learn more at www.dentons.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.
