Teacher grieves suspension relating to sexual assault

Learning environment free from harm trumps employee interest: Arbitrator
|Canadian Labour Reporter|Last Updated: 09/22/2014

A Manitoba teacher filed grievances against the St. James-Assiniboia School Division in Winnipeg after he was suspended without pay pending the resolution of criminal charges filed against him by a colleague.

The grievor, a high school physical education teacher with 12 years of seniority, was charged with sexual assault causing bodily harm on Aug. 1, 2013. After being charged, the grievor was released by police on a promise to appear in court. He pleaded not guilty and his case is currently pending a decision.

When the employer was made aware of the criminal charge by the complainant — an educational assistant employed by the division at another school — the grievor was suspended without pay pending resolution of the allegations in court.