Posts Tagged ‘WCB’
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.