Difference between revisions of "Employment Law Issues (9:V)"
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Recently, 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); [[Introduction to Workers%27 Compensation (7:I) | Chapter 7: Workers’ Compensation]] provides additional information on how to make a claim. | Recently, 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); [[Introduction to Workers%27 Compensation (7:I) | Chapter 7: Workers’ Compensation]] provides additional information on how to make a claim. | ||
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 [[ | 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 [[Introduction to Human Rights (6:I) | Chapter 6: Human Rights]] for additional information. | ||
Finally, the bullying or harassment could potentially constitute a constructive dismissal for which the employee could claim damages in court; see V.C.10: Constructive Dismissal. | Finally, the bullying or harassment could potentially constitute a constructive dismissal for which the employee could claim damages in court; see V.C.10: Constructive Dismissal. | ||
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==== c) Workers Compensation Act ==== | ==== c) Workers Compensation Act ==== | ||
Employers and unions must not take or threaten discriminatory action against a worker for taking various actions in regards to the Act, such as reporting unsafe working conditions to a WorkSafe officer (s 151). Remedies include the ability to reinstate the worker to their job (s 153). Additional details are set out in the ''Workers Compensation Act'', Division 6 – Prohibition Against Discriminatory Action. To file | Employers and unions must not take or threaten discriminatory action against a worker for taking various actions in regards to the Act, such as reporting unsafe working conditions to a WorkSafe officer (s 151). Remedies include the ability to reinstate the worker to their job (s 153). Additional details are set out in the ''Workers Compensation Act'', Division 6 – Prohibition Against Discriminatory Action. To file a complaint, see the [http://www.worksafebc.com/workers/improving_health_and_safety_at_work/discriminatory_action_complaints/default.asp WorkSafeBC website] | ||
==== d) Common Law Issues/Internal Complaints ==== | ==== d) Common Law Issues/Internal Complaints ==== | ||
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=== 4. Termination === | === 4. Termination === | ||
One of the most frequent issues students will have to address is to advise an employee of his entitlements following termination of employment. | One of the most frequent issues students will have to address is to advise an employee of his entitlements following termination of employment. See [[{{PAGENAME}}#D. Termination of Employment | IV.D: Termination of Employment]] below. | ||
=== 5. Failure to Comply with Statutory Requirements === | === 5. Failure to Comply with Statutory Requirements === | ||