Failure to report abuse not grounds for dismissal: Board

Care worker failed to report abuse of residents
|Canadian Employment Law Today|Last Updated: 09/21/2011

An Ontario care worker’s failure to report the abuse of a resident was serious misconduct, but not serious enough to warrant dismissal, the Ontario Arbitration Board has ruled.

Danika Larocque worked as an integration agent for Integra, a provider of support services of developmentally and physically disabled people in Prescott, Ont. Her responsibilities included helping four resident adults at a facility called Cercle Henri in their everyday lives, including assistance with dressing, washing and bathing, as well as preparing their breakfast. She also administered medications and organized activities. Larocque worked for Integra for two years without any disciplinary issues and received a positive performance appraisal.

All Integra employees received training on how to deal with difficult situations and protocol on how to handle each of the residents, as the residents had high needs and could be difficult at times, even physically violent.