Student Violence May Form Basis For A Teacher's Lawful Work Refusal

A recent Ontario Labour Relations Board (OLRB) decision found that two teachers engaged in a lawful work refusal when they refused to return to work following a classroom incident where a student engaged in a violent episode against another staff member.

In Ontario English Catholic Teachers' Association v Dufferin-Peel Catholic District School Board, three teachers engaged in a work refusal after a student with multiple disabilities assaulted an educational resource worker with whom he worked. The student had a history of violent behaviour.

Section 43 of the Occupational Health and Safety Act (OHSA) provides that a worker may refuse work where the worker has reason to believe that (amongst other things) the worker is likely to be endangered by workplace violence. For teachers, this right to refuse work does not apply if "the circumstances are such that the life, health or safety of a pupil is in imminent jeopardy" (Regulation 857).