Employees who experience bullying or harassment in the workplace may be unsure about their rights to seek compensation. This question is especially pertinent when other employment issues are closely tied to the harm caused by the workplace misconduct.
Below is an overview of the factors that influence whether a claim of workplace bullying or harassment falls within the scope of B.C’s workers’ compensation regime, or whether alternative measures may be pursued through the civil court system.
WorkSafeBC: The Exclusive Jurisdiction
Under the Workers Compensation Act, WorkSafeBC has exclusive jurisdiction over claims of injury and disablement “arising out of and in the course of employment”. WorkSafeBC provides compensation and services for both physical and psychological injuries, including mental disorders that are caused by significant work-related stressors, such as bullying or harassment.
While B.C.’s workers’ compensation regime entitles employees to compensation for work-related injuries, it also limits an employee’s ability to seek additional relief through the court system. If an employee’s injury meets the requirements for compensation through WorkSafeBC, this means that the employee cannot pursue further legal action for damages based on those same injuries.
Exceptions to the Exclusive Jurisdiction
Despite WorkSafeBC’s exclusive jurisdiction over workplace injuries, there are particular circumstances in which an employee can pursue other damages against their employer in court. In cases of bullying or harassment, it can be difficult to identify the elements that fall within the scope of each jurisdiction. Below are some of the key considerations for determining the appropriate forum for a bullying or harassment claim.
Constructive Dismissal
When an employee experiences bullying or harassment at work, they may feel that their only option is to resign due to the intolerable work environment. In such cases, the employee may be able to file a claim in court for constructive dismissal. This can occur in addition to a claim with WorkSafeBC for compensation directly related to any injuries caused by bullying or harassment.
However, a civil claim based on constructive dismissal does not offer the same type of relief as WorkSafeBC. The damages sought in a constructive dismissal claim typically relate to the legal concepts of wrongful dismissal and breach of contract. A claim for constructive dismissal may also include damages for emotional distress caused by the employer’s conduct, but this cannot include compensation for work-related injuries that qualify for compensation through WorkSafeBC. If a civil claim appears to overlap with the exclusive jurisdiction of WorkSafeBC, the employee may face the risk of the court dismissing all or part of the claim due to a lack of jurisdiction over the matter.
For example, in the 2020 decision in Deol v. Dreyer Davison LLP, the Supreme Court of British Columbia struck out the employee’s claim for damages based on a personal injury caused by alleged sexual harassment in the workplace. While the court held that the injury claim fell under the exclusive jurisdiction of WorkSafeBC, the court allowed the employee to pursue her claim for damages based on breach of contract for constructive dismissal.
In the 2024 ruling in Chestacow v Mount St. Mary Hospital of Marie Esther Society, the B.C. Supreme Court dismissed the plaintiff’s claim against her former employer for damages for mental injuries, as well as for constructive dismissal.
The court determined that the “essential character” of the dispute did not fall under the jurisdiction of the court. The employee’s claim for mental injuries fell under the jurisdiction of WorkSafeBC, while the court deferred her claims relating to constructive dismissal to the B.C. Labour Relations Board due to her being a unionized employee.
Exceptional Circumstances
Earlier this year, a decision released by the Workers’ Compensation Appeal Tribunal (the “WCAT”) clarified that it is only inthe “most extreme or highly unusual circumstances” that a workplace bullying or harassment claim will fall outside the jurisdiction of WorkSafeBC.
In this case, the plaintiff filed a lawsuit in the B.C. Supreme Court against her former employer, BC Hydro. She claimed damages for alleged psychological, physical, and sexual abuse by a co-worker, as well as damages against BC Hydro for breach of the duty of care and gross negligence due to its failure to address the alleged misconduct.
BC Hydro applied to the WCAT for a decision on whether the matter could be heard by the court, arguing that the plaintiff’s allegations arose out of her employment and were thus compensable through WorkSafeBC.
The WCAT agreed with BC Hydro in finding that the entirety of the plaintiff’s claim fell under the exclusive jurisdiction of WorkSafeBC. The WCAT concluded that there were no exceptional circumstances that established a basis for the civil proceeding.
In addition, the WCAT held that allowing a civil action for mere negligence would undermine the purpose of the workers’ compensation regime. It is only in extreme situations that a civil claim may be brought, such as where the conduct of an employer is shown to be malicious, grossly negligent, or intentionally harmful.
Contact Kent Employment Law
If you are experiencing harassment or bullying in the workplace, recognizing whether your claim falls within the exclusive jurisdiction of WorkSafeBC or whether other options may be available is crucial to achieving a successful outcome.
Contact us today to meet with an employment lawyer and learn how we can help to ensure your workplace rights are protected.
