I learned recently of a proposal to amend the Worker’s Compensation regime of this province to include workplace bullying as grounds for compensation. WCB has this to say about bullying:
The proposed changes are referred to in this article (and are a welcome addition to the law of British Columbia):
The article makes reference to additional costs of $10-18 million per year as a result of the changes. This should not be regarded as a straight loss.
Under the current regime, a person faced with bullying and intimidation may elect to assert a constructive dismissal. This is ordinarily a difficult claim to bring as it can be expensive, and is often subject to conflicting witness evidence.
The proposed changes could provide a welcome middle ground. Often, people do not wish to assert a constructive dismissal, preferring continued employment to the uncertainty of the litigation process. Providing relief for bullying in this manner could present an alternative which is much more realistic to many people.
Presumably anyone pursuing their rights under the new provisions would be afforded the same whistleblower protection currently outlined by the Workers Compensation Act.
It is unclear to me how the $10-18 million estimate was derived, but I wonder whether it accounts for corollary savings in court expenditures, not to mention the potential for some much-needed relief in British Columbia's currently-clogged court system. Especially when coupled with potential increases in the accessibility of justice to victims of bullying and harassment, this is an expense that I do not oppose.
TevlinGleadle Employment Law Strategies will keep abreast of all developments in this area.
Tuesday, January 10, 2012
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