A student's history of violent outbursts justified a
teacher's work refusal, the Ontario Labour Relations Board has
decided.
The teacher actually engaged in two work refusals: one when the
student became violent (which was resolved by removing the student
from the teacher's class), and the second the next day when the
teacher realized that the student was back in her class and that
the removal had been only for the remainder of the previous
day.
The student was in senior kindergarten. He had engaged in
violent behavior at the school in the previous school year,
including poking another student in the eye with a stick. In senior
kindergarten, the student had more violent outbursts including
throwing a stool at the teacher; punching another student; trying
to bite and scratch the teacher; and kicking the teacher and
scratching her face and eye, for which she was required to go to
the hospital. The teacher said that it was impossible to predict
when the student's