Difference between revisions of "Employment Law Issues (9:V)"

The Workers Compensation Act was amended to cover mental disorders caused by workplace bullying and harassment (Workers Compensation Act, RSBC 1996 c 492, s 5.1); Chapter 7: Workers’ Compensation provides additional information on how to make a claim.  Employees will have to demonstrate that the behaviour to which they were subject was bullying and harassment and that it caused a disorder requiring their medical absence from work.  Working with a doctor at early stages of the process can help with the eventual success of such an application.  

If the bullying or harassment is related to discrimination based on one of prohibited grounds listed in the Human Rights Code, the employee may be able to file a complaint with the Human Rights Tribunal; see Chapter 6: Human Rights for additional information.  

The BC Human Rights Tribunal has suggested that “the trend for injury to dignity awards is upward”, in the case of Araniva v RSY Contracting 2019 BCHRT 97.  In this case, the BC Human Rights Tribunal awarded $40,000 in damages for sexual harassment.  The impugned conduct related to three verbal interactions and a touch on the arm asking for a hug followed by a reduction in hours when advances were rejected.  The complainant had been previously sexually abused and the harassment triggered a significant emotional reaction.   

Finally, if the bullying or harassment is of an extremely serious nature, such as serious sexual harassment, consider whether the behaviour might be criminal and whether the police should be contacted.