Bail conditions for sexual assault charge prevented EMT from working in his normal job but he claimed there were other city jobs he could do
This instalment of You Make the Call features a paramedic who couldn’t do his job because of bail conditions and complained his employer didn’t find him other work.
Jean Lauzon was an Ottawa paramedic with 25 years of service when on June 20, 2009, a patient he had treated said he sexually assaulted her. The next day, Lauzon was charged with sexual assault and his bail conditions prevented him from working as a paramedic, going to emergency services headquarters or contacting certain co-workers.
The city put Lauzon on paid administrative leave and began an investigation into the charges. However, on the advice of his lawyer, Lauzon refused to answer questions about the case in order to protect his rights and the integrity of the criminal case.
On Aug. 7, 2009, the city put Lauzon on an “indefinite authorized leave of absence without pay,” since his bail conditions prevented him from doing his job and he refused to participate in its investigation.
Lauzon filed a grievance through his union, arguing the city had an obligation to at least consider placing him in another job. He was willing to co-operate in looking for a temporary position until the case was resolved. The union argued there were more than 7,000 workers in its bargaining unit in hundreds of different jobs and there could be something he could do. Otherwise, he was experiencing financial hardship, having only found a low-paying job at a gas bar.
In addition to financial hardship, the union said Lauzon had 25 years of service with no major issues or complaints against him. As a long-time employee, the loss of his job and the bail conditions had a significant effect on him. Also, the union argued, the city had violated the layoff provisions of the collective agreement which come into effect if there is no work for an employee.
The city said its hands were tied, as the bail restrictions prevented him from performing his job duties or even showing up to emergency services headquarters. Since the charges involved a workplace incident that directly involved the employer, its options for placing Lauzon in another position were very limited, the city said.
You Make the Call
Should the city have tried to place Lauzon in another position until his case was heard?
OR
Did the bail conditions make a return to work too difficult?
If you said the city was obligated to try to find other work for Lauzon, you’re right. The board said that when an employee is criminally charged the employee must be presumed innocent until proven guilty, but if the charges relate directly to the employment relationship, as in Lauzon’s case, the continued presence of the employee could be a risk to the employer’s integrity, security and safety. This could justify suspension until the charges are resolved, but only after other options are investigated.
The board found the charges were very serious and involved Lauzon’s workplace while he was in a position of trust. The bail conditions also prevented him from working as a paramedic or in the emergency services area, which placed significant restrictions on where he could work. These factors meant Lauzon could only work in a position where there was direct supervision and no access to the public. However, the board found there were likely some jobs among the many the city had that could fit those requirements and the city had an obligation to a long-term employee with a good record to look for one.
“It may be, following its review, that the employer concludes there is no job that appropriately balances its legitimate interests with those of (Lauzon),” said the board.
