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)
