Sexual harassment claim successful, workplace violence grievance isn’t

Worker’s claim of ‘psychological violence’ from co-workers, supervisors following sexual harassment complaint unfounded: Arbitrator
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 10/10/2018

A Northwest Territories corrections officer who claimed bullying she experienced after she filed a sexual harassment complaint led to her decision to resign has had a workplace violence complaint dismissed by an arbitrator.

The worker, Jylian MacLeod, was hired in December 2010 to work on a casual basis as a correctional officer at the Fort Smith Correctional Complex (FSCC), a correctional facility housing both male and female inmates in Fort Smith, N.W.T. She later became a relief correctional officer at the FSCC.

The female unit at the FSCC was in a duplex across a field from the male unit. The deputy warden’s office was in the female unit and the warden’s office was in the building with the male unit. The male unit building also contained wet cells — cells with self-contained bathroom facilities used to house high-security inmates of both sexes. Female corrections officers were assigned to both the male and female units, but the female unit only had female officers and a female inmate in a wet cell had to be supervised by a female officer.