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Ruling Ensures Victim's Rights "
January 28 2002 - London Ontario Canada
Ontario unions face
dramatic changes after a landmark ruling condemned both a London union and
city hall for favoring a sex offender over his victim. The ruling
significantly alters a union’s obligations to its members who are
victims of violence. The Canadian Union of Public employees fought for a
leave of absence for their male member while he served jail time of two
years less a day for a vicious sexual attack at his residence on a
co-worker, a fellow union member. A leave of absence was worked out
between the union and the city. The city eventually had second thoughts
and fired the offender but the union filed a grievance to get financial
compensation for him while both the city and the union ignored the victim.
The Labor Relations Board ruled that the victim’s right to a safe
workplace superseded the offender’s right to a job.
Analysis
The nightmarish assault
involved mutilation and torture. The decisions of both the union and other
officials in charge of this case were misguided, at best, for
concentrating on what was purported to be the offenders entitlements while
not attending to the needs, emotions and support of the victim. Whether or
not an incident of workplace violence or harassment requires a police
investigation, it does require an internal investigation, with
recommendations – so proper decisions can be made. The investigation
needs to be conducted by someone with expertise in this field that is
knowledgeable in regards to victim’s rights, mitigating circumstances,
if any, and confidentiality. Written interviews need to be conducted and
the investigation should include a response by the victim as to how the
situation has impacted on them, if they feel there is any continuing
threat and how they would like to see the situation resolved. Documented
follow-up of the victim, with sensitivity, needs to also occur once the
case has been concluded.
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