Posts Tagged ‘British Columbia’
Thursday, December 5th, 2013
By BCGEU – 12/4/13
How does the new Workers Compensation Board (WCB) language on workplace bullying and harassment affect BCGEU members?
Prevention and Compensation
There are two aspects to all health and safety matters. First, procedures and systems must be put into place to prevent workplace injuries. Secondly, workers who suffer workplace injuries have a right to compensation.
Bullying and Harassment
On July 1, 2012, the Workers Compensation legislation regarding bullying and harassment was changed to include:
- Benefit coverage for mental disorder claims for workers who experience bullying and harassment in the workplace and are unable to work;
- The provision for the WCB to define bullying and harassment and to develop policies and procedures requiring employers to prevent and address workplace bullying and harassment.
Members have asked:
- How do the new WCB policies and procedures fit with the anti-bullying language the union has negotiated in many of our collective agreements?
- If I am bullied in my workplace, what are my options to make it stop?
- Should I be filing a complaint through the WCB process?
To answer these questions, it is important to review the union’s response to bullying behavior. The union has spoken out loudly and clearly that bullying is not acceptable. Bullying in the workplace is wrong and should be addressed quickly and appropriately. Because all workers deserve a workplace that is free from harassment and bullying, we negotiated anti-bullying policies and protections in many of our agreements. We encourage employers to engage with us in developing and teaching respectful workplace practices.
Mondaq.com: New Anti-Bullying Policies In British Columbia Come Into Effect On November 1st – Are You Ready?
Tuesday, October 29th, 2013
British Columbia Workers’ Compensation Act (the WCA) has been amended to specifically to address bullying and harassment in the workplace. The amendments became effective July 1, 2012, and broadened the circumstances in which an employee may be entitled to compensation for a mental disorder (see our previous blog post here).
The amendments provide that a worker may be entitled to compensation under the WCA if the mental disorder is predominantly caused by a significant work-related stressor, including bullying or harassment, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker’s employment. Previously, a worker was only entitled to compensation for a workplace stress-related illness if the mental stress arose from an “acute reaction to a sudden and traumatic event”.
In addition to broadening the definition of mental disorder, WorkSafeBC’s Board of Directors has approved three Occupational Health and Safety Policies (the Policies) that clarify the role of employers, supervisors and workers in the prevention of workplace bullying and harassment in Sections 115, 116 and 117 of the WCA. The Policies take effect on November 1, 2013 and WorkSafeBC expects that all parties – employers, supervisors and workers – will be compliant with them by this date.
Wednesday, June 6th, 2012
Effective July 1, 2012, workers injured by bullying in the province of British Columbia can be considered legitimate complainants. The Workers Compensation Act was amended (by Bill 14 authored by Margaret MacDiarmid, a physician and the Minister of Labor) to allow claims for mental disorders “predominantly caused by a significant work-related stressor, including bullying or harassment or a cumulative series of significant work-related stressors” if diagnosed by a psychiatrist or psychologist and if not the result of allowed employer actions (changes in work to be performed, working conditions, discipline or termination).
The new law is good news. It extends the universe of work-related conduct addressed by Workers Comp farther than in any other province. It allows bullied targets to show the pattern established by their bully. We know the most harm comes from exposure to a cumulative series of tortuous incidents. We expect most bullying-related WC cases in the future to take advantage of the new wording.
Employers, in all employment-related laws, including our Healthy Workplace Bill, are given the latitude to still manage and terminate their employees. The gift to employers does not undo the benefits of the passage of Bill 14 for BC residents. You can read the text of Bill 14 here.
Canadian progress continues to shame American lawmakers who, to date, have not yet passed into law our anti-bullying legislation.
Monday, October 11th, 2010
By Shaheen Shivji, Abbotsford (BC, Canada) Today, Oct. 8, 2010
WBI is proud to know and to have worked with the advocacy group mentioned in the article: BullyFreeBC