Comments ‘typical’ for institutional workplace: Arbitrator
After she launched a complaint of sexual harassment against a male colleague, a female prison guard felt management didn’t do enough to protect her, leading to her resignation.
The worker began work at the Fort Smith Correctional Centre (FSCC) in Fort Smith, N.W.T., as a casual corrections officer in 2010, eventually becoming a relief corrections officer.
On Feb. 20, 2012, the worker filed a sexual harassment complaint against coworker Wilfred Paulette. The report came back on May 11 and found her complaint was valid.
As part of a settlement, the worker was not supposed to work on the men’s wing of the FSCC, which was designed to keep her out of contact with Paulette. As well, he was not allowed to go to the women’s wing.
On June 4, 2012, the worker and the Union of Northern Workers (UNW) filed a grievance alleging management breached article 55 of the collective agreement on workplace violence. the worker eventually resigned on Jan 25, 2013.
“There are days when I wish I never reported the incident in the first place as it was a more peaceful place for me to work. Health-wise, I can no longer tolerate this type of negativity in my life, this type of bullying, and the lack of support is putting a strain on my coping skills,” wrote the worker in her resignation letter.
The worker alleged that some supervisors spread a false story about her arm being broken by her common-law husband, when it was actually broken during training, she said.
As well, an FSCC supervisor sat in court during a hearing for domestic assault against her husband and texted details to other coworkers, the worker alleged.
The worker said she was treated differently by four supervisors after she made the complaint against Paulette.
As well, on one other occasion, the worker was forced to go to the male unit for occupational health and safety training and “froze” when she saw Paulette look at her from behind a glass window.
On May 11, the worker said she was ordered by her supervisor, Doreen Schaefer, to go to the male wing of the prison to escort a female inmate or she would be “terminated.”
And Paulette had been seen by the worker “at least a dozen times” when he went to the female wing to return meal pans. When she complained to Schaefer, she was told to “get over it,” said the worker. It was Schaefer who texted colleagues during the court appearance, according to the worker.
Arbitrator John Moreau disagreed and dismissed the grievance.
“The grievor may have been subject to occasional taunting by her co-workers after the sexual harassment investigation was completed, such as for being excused from having to escort female inmates to the wet cells. But these kinds of comments are typical of those that occur in any institutional workplace and do not amount to bullying or violence within the meaning of 55.01 of the collective agreement.”
The worker’s claim of not being protected by management was “unsupported by the evidence,” said the arbitrator.
“I find that (the worker) was in fact supported by the senior personnel officer in the institution, (acting warden, Warren) Willis, whose email to Schaefer of May 16, 2012, as well as the other events he outlined in his testimony, demonstrates both his sensitivity and support for the grievor’s circumstances,” said Moreau.
The worker’s contention that Schaefer was texting during a court appearance was dismissed by Moreau.
“The use of cellphones is prohibited while court is in session, making it unlikely that someone would risk texting while court proceedings are taking place,” said Moreau.
“Accordingly, (the worker’s) allegation set out in her letter of resignation that court room texting took place in order to spread rumours of the domestic assault with the purpose of causing the grievor harm is not, on balance, supported by the evidence ,” said Moreau.
Reference: Northwest Territories (Minister of Human Resources Government) and Union of Northern Workers. John Moreau — arbitrator. Michelle Theriault for the employer. Rebecca Thompson for the employee. Aug. 31, 2018. 2018 CarswellNWT 41
