Nurse and other employees at jail shocked at angry manager’s breach of harassment policy, safety protocols
A nurse at an Ontario jail is entitled to damages after a manager verbally abused her and risked her health and safety after breaching standard security procedure, the Ontario Grievance Settlement Board has ruled.
Marsha Lefkowitz was a registered nurse at the Owen Sound, Ont., jail beginning in 2005. She was responsible for dealing with the health issues of inmates and developing care plans for acute and chronic nursing care for inmates.
For several years, Lefkowitz felt that an operational manager she worked with conducted himself inappropriately, including sexual behaviour which didn’t have a place in the workplace. He also had a “violent temper” the led to verbal outbursts.
Once a week, a doctor came to the jail for “doctor’s parade,” a process in which all inmates with medical issues would be brought to the health care office by correctional officers for the doctor to look at them. The senior nurse at the jail would prepare the list of inmates for the correctional officers and organize charts and equipment before the doctor arrived.
On Nov. 18, 2010, Lefkowitz was the only nurse on duty so it was up to her to prepare for and assist with the doctor’s parade. Shortly before the doctor’s arrival, the operational manager called her to an emergency in the inmate area. A young female inmate was found on her bed and difficult to rouse. Lefkowitz found the inmate’s vital signs to be stable, but the inmate couldn’t rouse her and correctional officers found a syringe with liquid in the area. An ambulance was called and the inmate taken to the hospital.
When the doctor arrived, Lefkowitz updated the doctor on the situation. The phone rang in the health care office but Lefkowitz didn’t answer as it was usual practice to proceed with the doctor’s parade without interruption, including letting phone calls go to voice mail.
While Lefkowitz was still reporting the incident to the doctor, a correctional officer came to the door and told her the operational manager wanted her to come and speak to the father of the inmate who had been sent to the hospital. Lefkowitz was unsure what to do because she normally didn’t leave the doctor alone for the parade. The doctor told the correctional officer the father should be told to go to the hospital.
Angry manager caused a scene
According to Lefkowitz, the operational manager entered the health care office about one minute later looking red in the face and “ready to explode.” He pointed his finger at Lefkowitz and screamed at her that when she was given an order she was to follow it. He asked her why she didn’t answer the phone and told her he had brought the inmate’s father who had important information. The doctor nodded and the man claiming to be the inmate’s father quickly entered the room. The manager then closed the office door.
Lefkowitz and the doctor were shocked since the office door was usually left open with correctional officers stationed outside to ensure their safety and security. Lefkowitz had also never seen a civilian allowed into this area of the jail, particularly one carrying an attaché case as this man was, which wasn’t normally allowed in the jail.
The man was angry and said he was the inmate’s guardian. He said he was angry about his daughter’s care and the mental health system. Lefkowitz was frightened as she was worried there could be a gun or bomb in the case.
They were able to settle the man down and he described medications the inmate was supposed to be taking. The doctor told the man to go to the hospital and he agreed.
Shortly after the man left, the manager came into the health care office and yelled at Lefkowitz again that when he issued an order he expected it to be followed. He then told her to report to his office following the doctor’s parade.
Lefkowitz and the doctor were in shock at this outburst, and as a result the doctor left and parade wasn’t held that day. Lefkowitz went to the manager’s office with a union representative and the manager began screaming at her again. She tried to explain that she couldn’t leave the doctor’s parade unless it was an emergency and she had confidentiality concerns with talking to the inmate’s guardian. The manager continued to scream and Lefkowitz left in tears.
Lefkowitz spoke to the superintendent about the incident and wrote a report describing the manager’s “condescending and bullying rage,” as well as her safety and security concerns over letting the man into the health care office. She asked about filing a complaint under the harassment policy but was told there had to be “three vexatious comments” for such a complaint.
Lefkowitz heard nothing about her complaint for several days and was surprised to see the manager at work the following Monday. She asked two correctional officers who had been outside of the office during the incident to submit reports, and they agreed since they also felt the manager’s behaviour had been inappropriate. Both officers reported they were shocked at the manager’s outburst as well as the fact he brought a civilian into the jail with an attaché case without proper screening, who he then left in the office with Lefkowitz and the doctor.
As more time went by with no word, Lefkowitz became anxious at work and lost confidence in herself. She sought counselling through the employee assistance program and began seeing a psychotherapist.
Lefkowitz finally decided to file a grievance for harassment, claiming she was verbally assaulted by the operational manager and a member of the public who was allowed access to the jail by the same manager. She said this was a failure on the employer’s part to protect her under Ontario's workplace bullying and violence legislation, its workplace harassment policy, and occupational health and safety legislation. The union also claimed gender was a factor in the manager’s behaviour towards Lefkowitz, creating a poisoned work environment for her and other female staff.
The operations manager testified he was frustrated during the incident, but denied yelling or being abusive, though he acknowledged he did not remain “calm or level.” He admitted to breaching procedure for searching visitors and allowing them access, but said it was out of character for him. He also claimed he gave Lefkowitz a reasonable order and she refused, explaining that she was expected to follow direct orders as long as they are not unlawful or related to the medical care of an inmate. He claimed when he told Lefkowitz this, she got upset and left his office.
On Dec. 6, 2010, the superintendent gave the manager a letter notifying him of a meeting to discuss the incident and the allegations against him. However, he soon went on medical leave, which led to long-term disability leave and he was informed the meeting would be held when he returned to the workplace.
Manager downplayed his anger but evidence was to the contrary
The grievance settlement board found the manager’s misconduct was not about gender, but rather simply an example of a “bad boss.” Regardless of the reasons for Lefkowitz not responding to his order and phone call, there was no doubt it left the manager “infuriated,” said the board.
The board found the reports and testimony of Lefkowitz, the doctor, and the correctional officers were clear and consistent that the manager was enraged by the situation and breached “policy, health and safety and simple common sense” when he brought a member of the public who was showing anger into the jail’s health care office with a briefcase that had not been searched.
The board questioned the manager’s insistence that he did not scream or lose control, especially since he acknowledged he was angry and didn’t remain calm. The evidence led to the conclusion the manager was out of control, said the board.
However, the board found the jail took steps to deal with the situation by asking for reports from Lefkowitz, the doctor and the manager within a few days. It also informed the manager of the allegations and he would likely be subject to discipline before he went on medical leave and planned to continue when he returned. Though Lefkowitz saw him at work, she didn’t have to interact with him following the incident.
The board found Lefkowitz was verbally abused by the manager and her health and safety rights were violated when an angry member of the public was allowed into the jail with an unsearched briefcase, and again when the manager left her and the doctor alone with the man, contributing to Lefkowitz’s psychological issues. However, the employer took action when it received Lefkowitz’s complaint.
The board determined Lefkowitz was entitled to damages for the harassment and safety breach, but the $75,000 she claimed in her grievance was too much. It ordered the parties to settle on an appropriate amount within 45 days, after which the board would step in and decide.
For more information see:
- Ontario (Ministry of Community Safety and Correctional Services) and OPSEU (Lefkowitz)
