Appeal Court orders new trial for ex-hospital employee assaulted by co-worker

The Court of Appeal has ordered a new trial for an ex-hospital employee who sued the North West Regional Health Authority (NWRHA) over an alleged workplace assault by a co-worker in 2015. Justices of Appeal Peter Rajkumar, Maria Wilson and Geoffrey Henderson sent Kadeisha Roberts’ complaint back to the High Court in an oral ruling earlier this week.

In her original complaint, Roberts said she was in the laundry room when her former colleague shouted at her and attempted to slap her, warning that she “could not take a slap” because she (Roberts) was pregnant. The aggressor then struck her with a laundry crate. Roberts reported the incident to security, the police and her union. She also claimed she suffered humiliation, emotional distress and ongoing threats of violence from the same co-worker.

The incident also led to her being diagnosed with threatened pre-term labour. She also had to be treated for other injuries.

Her lawsuit alleged the NWRHA failed in its duty to provide a safe workplace by allowing her to be subjected to unlawful violence. She said supervisors and colleagues were present during previous altercations but did not intervene.

In his December 8, 2022, ruling, Justice Devindra Rampersad dismissed her claim, finding there was no independent evidence that the NWRHA had prior knowledge of the alleged confrontations between the two to give rise to the employer being held liable based on “foreseeability.”

“I do not think the claimant has crossed that evidential burden,” Rampersad said, noting there was no official complaint on record. Roberts was represented by attorneys Shawn Roopnarine, Vishnu Bridgemohan and Tasheera Mohammed. The NWRHA was represented by attorney Kirk Bengochea.