You Be The Judge

[Turkeytop]

This case is still ongoing and has not yet been resolved. The employee in this is not a member of a Union and is not covered by a collective agreement. (He's my neighbour)

Employee - Male, agee 55

Occupation - School Bus Driver.

Rate of Pay - $20/hr

The school bus is actually a Dodge Mini van, repurposed for transporting students to school. The students are all special needs high school students. He drives them to a high school at the far end of the city that is able accommodate their needs.

One of the students, a 16 year old boy, is very large and physically strong for his age. His behavior is very aggressive and he is prone to violent outbursts. Twice, he has assaulted the driver, most recently last week, while he was driving. It nearly caused a collision with another vehicle.

When the driver got home that day he phoned his employer and said he was refusing to drive that route any more and asked to be assigned to a different route. The boss told him he can't do that and ordered him to be back on the job within three working days or he would be deemed to have quit his job.

The driver said "I Haven't quit. I'm just exercising my right under the law to refuse unsafe work.

This Tuesday will be three days.

How will this end?

[Robert Faygo]

Sounds like he will be dismissed and then have to get someone to represent him in a lawsuit. And then they'll repeat the process with the next person they assign to that route.

I don't know the rules for special needs students. But here in Michigan mainstream students do not have an absolute right to transportation - school districts can ban them for misbehavior, etc.

[zzand]

First things first, he needs to talk to the school to see what, if anything they can do to get this student off the bus. Next he needs to get an attorney because it sounds as though he will be listed as having quit his job by midweek. He then needs to file suit against the employer and hope for a decent settlement.

[kager]

Sounds like a perfect opportunity for a front/rear-facing dashcam installation to record the happenings...

But the parents of the problem child need to be notified and get involved as well... and maybe be forced to transport the child if there is nothing preventing that.

[TC Talks]

I would imagine the school doesn't want bad press. Our community mental health organization lost a 1.4 million lawsuit over a situation like this because they were neglecting their responsibilities.

I can't imagine this is permitted in Canada.

[Turkeytop]

This guy knows the law and knows his rights. In a former job with a different employer he was in a management position. Part of his duties were to administer health and safety policies.

The employee's rights in this case are very clear, as are the employers obligations.

However the employer also has obligations to the Board of Education. Those obligations may be in conflict with their obligations to the employee. I expect they will be seeking legal advice.

Any employee in Ontario has the right to refuse work that he/she reasonably believes is unsafe. In the case of a work refusal the employer must place the employee in alternative work with no loss in pay or otherwise move him to a safe place while the matter is being investigated and any necessary corrective action is being implemented. The employer may not assign another employee to perform the work that has been refused.

The employer may not discipline or take reprisals against an employee for having exercised his right to refuse unsafe work.

[audiophile]

If you are consulting him, the School District doesn't have a chance!

[Turkeytop]

If you are consulting him, the School District doesn't have a chance!

His dispute isn't with the school board. It's the privately operated Bus Company. If the Company has any sense, they'll get him back to work as soon as possible. Cut their losses.

Also, there is a critical shortage of school bus drivers this year.

[Deleted User 14896]

A few random thoughts:.

1. Your neighbour should make an informational police report. Here in Michigan we call it a "Short Form" or a "White Sheet'. It's just making a record of what's happened on the bus before. Nobody's getting charged with anything or pressing charges. Just making a record.

2. I feel the bus company now has an obligation to put an aid on the bus with him, since he has now said he feels it's unsafe to be with the boy.

3. My gut, he gets his job back with back pay. But he's going to have to get someone to back up his story that the boy is thumping on him. You said the boy's behavior is very aggressive and he is prone to violent outbursts. Does the bus company know this already? Great. Or other kids on the bus can back up the drivers story. Once again great.

4. It does surprise me the company just said "Come back or your fired" after being told what's going on. Sounds odd to me. Are you confident you got the whole story here?

[Turkeytop]

4. It does surprise me the company just said "Come back or your fired" after being told what's going on. Sounds odd to me. Are you confident you got the whole story here?

Yes. Clearly, the supervisor who gave him that response had no Knowledge of the law. I would expect the situation is no longer in his hands.

[Turkeytop]

He's back at work today on a different route. They told him he will be paid for his lost days.

He doesn't know if the change of route is permanent or just temporary. Someone has to cover the other route, but they can't ask anyone to do it until the unsafe condition has been corrected.