A Midlothian employee who picked up a colleague who threw his doughnuts across the room during an office rammy has been given a 12 months warning by the The Scottish Social Services Council (SSSC).
The incident took place at the Richmond Fellowship Scotland's Midlothian location in Teviot Court, Penicuik on October 26, 2020.
While employed as a Complex Needs Practitioner, Jaroslaw Musialkowsk got into an argument with a fellow senior colleague before attempting to remove him from the manager’s office. He then physically restrained the man, shouting, 'No - you get out.'
During the incident, a number of staff members were in the manager's office at the site including Jaroslaw and a support worker he then fought with.
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The support worker then asked him to leave the office and the two started to argue which escalated as the support worker threw Musialkowsk's fruit and doughnuts out the office.
In response to this Musialkowsk picked up the support worker, physically restrained him and tried to throw him out of the room while the worker said: “You’ve assaulted me dude - you physically put hands on me."
The SSSC said Musialkowsk had not expressed any regret or given an apology for his actions and he was handed a 12-month warning.
A witness in the hearing said: "AA asked you to leave, you said “say please”, which AA refused to do, and the argument went back and forward. AA then picked up your food and forcibly threw it out of the office where it landed on the floor of the pod.
"You then took hold of AA and moved him about four feet to the door. AA’s feet were not touching the floor and his legs were thrashing about.
"The hold lasted about two minutes. He said it was not a correct intervention (CALM hold) it was an attempt you let go. This witness was shocked at what he had seen. He was of the view that when AA, as a senior, asked you to leave you should have left."
He added: "You are much bigger than AA. Both you and AA could be argumentative and opinionated. Both of you were exceptional support workers."
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The SSSC found: ". The behaviour amounted to a violent reaction. The Panel decided that it was an incident of extremely short duration where you had been provoked by AA. XX described you as being calm when she arrived and that you left when she asked you to do so.
"You then ate your food in the Pod. She described AA as being angry and turning on YY.
"There was evidence that you had discussed with AA his inappropriate behaviour toward another member of staff shortly before this incident without that leading to violence."
They added: "There was no evidence that you were prone to acts of violence. The Panel was satisfied it was highly unlikely this behaviour would be repeated.
"The Panel understood that the SSSC had taken the view that risk of repetition was low given no Temporary Order had been requested since the date of the allegation which was about two and a half years ago."
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