Issue: Whether the Hospital for failed to prevent an incident of workplace violence.

Facts

On July 5, 2012, a patient at the Royal Ottawa Mental Health Centre (Hospital) attacked two nurses and a personal care attendant. As a result of a complaint, the Ministry investigated, and laid charges pursuant to the workplace violence provisions of the Ontario Health and Safety Act (Act).

The evidence was that the patient, who was in the schizophrenia unit, had been involved in a previous, less severe altercation with another patient. The patient had moved freely about the unit and workers claimed they did not think he posed a threat of violence. Following an altercation in which the patient refused to take his medication, he charged at the three staff members. One nurse was kicked in the head. There were numbers assigned to patients, referring to a "level of responsibility", which indicated how stable the patient was. These numbers were indicated by yellow dots on a board in the nurses' station. There was no indication that the patient was not stable before the incident.

The Director of the Hospital provided information concerning the Hospital's policies regarding violence in the workplace, and the Code White system, in which the first responders were registered nurses, orderlies or personal care attendants. The Director said that these personnel were trained in Code White response and CPI training in dealing with violent patients.

The Union position was that the hospital had failed to put adequate safety procedures in place to ensure the safety of workers from workplace violence. The Union claimed that the Hospital had failed to develop and maintain proper measures and procedures for summoning immediate assistance in situations of workplace violence. The Union further claimed that there was a delay in response to the Code White once it was activated. The second charge alleged that the Hospital had failed to properly train its workers by only requiring infrequent CPI refresher training. The Hospital claimed that the Ministry had established that it had a series of policies and procedures in place with respect to workplace violence, as required by the Act. The Hospital noted that there were more than 20 phones in the unit within easy distance of the incident.

Written Statement of Stella Phil a nurse who worked in the day in question:

I was cleaning up (in) the TV lounge south. The south lounge (which would be over here). I saw Chun run to the patient phone but I did not feel anything. I keep on cleaning while Patient K came up to me and said, "Stella, can you please go and help your co-workers, they are in trouble." I ran out immediately. I looked at my left side, at the south side. I saw the door to the Kardex room, (it) was broken. Everywhere was blood. I was surprised. I look at the north side, at my ... side. I saw Chun running and Patient X chasing, chasing her, punching her and kicking her. She was lying on her back on the floor... I ran and I asked, "What is happening" and I grabbed him from the back and push(ed) him out from her. As I grabbed him at the back, he was wiggling himself to get out of my hands. He was trying to reach up at my hand to bite me. I released my right hand. Then he pulled his hand, punch(ed) Gifty on her forehead, immediately he wiggled himself out of my arm. Kathee ran to the nursing station. He chased her into the nursing station and start(ed attacking) ... her. Kathee was screaming ... for help. Then I ran to the nursing station because I (couldn't) leave her like that. Then one of the patients, T, came (to) me and we stood by the door. We opened the door and Patient T screamed, "Stop hitting her, she's a woman. If you want to fight, come to me." He responded to the voice and he looked back and saw both of us.

Materials

you will receive a case, which will include: A statement of the issue(s) and a background statement. create an arbitration brief consisting of the element below. 1. Arbitration Brief: The following format must be followed:

c. Facts: What are the key facts in the dispute?

d. Issues: What are the key issues at stake in this dispute?

e. Law: What are the relevant clauses in the collective agreement? What statutes (if any) and other arbitration cases deal with the issues you have identified?

f. Arguments: Based on the law and other arbitral precedents, what is your position on this dispute?

g. Conclusions: How do you want this dispute to be decided? What specific remedies (if any) are you seeking from the arbitration panel?

h. Bibliography: What statues, case law, resources did you rely upon?

i. Appendix: Copies of any arbitration awards you rely upon as authority for your argument.

Participants may also consult the following sources to learn more about the hearing process, grievance arbitration in general and how arbitrators have dealt with the types of issues presented in their respective cases.

Using CanLii, try to identify the general views of arbitrators on the issues presented in your case as well as cases that involve situations similar to yours. Try to stick to relevant cases. At a minimum you should submit three cases to the arbitrator/ arbitration board to read and consider.