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Bullying and harassment in the workplace are developing areas of the law. There are several possible avenues for addressing a complaint in this area if the issue cannot be resolved within the workplace. | Bullying and harassment in the workplace are developing areas of the law. There are several possible avenues for addressing a complaint in this area if the issue cannot be resolved within the workplace. | ||
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); Chapter 7: Workers’ Compensation provides additional information on how to make a claim. Employees will have to demonstrate that the behaviour to which they were subject was bullying and harassment and that it caused a disorder requiring their medical absence from work. Working with a doctor at early stages of the process can help with the eventual success of such an application. | 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); Chapter 7: Workers’ Compensation provides additional information on how to make a claim. Employees will have to demonstrate that the behaviour to which they were subject was bullying and harassment and that it caused a disorder requiring their medical absence from work. Working with a doctor at early stages of the process can help with the eventual success of such an application. | ||
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 Chapter 6: Human Rights for additional information. | 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 Chapter 6: Human Rights for additional information. | ||
The BC Human Rights Tribunal has suggested that “the trend for injury to dignity awards is upward”, in the case of Araniva v RSY Contracting 2019 BCHRT 97. In this case, the BC Human Rights Tribunal awarded $40,000 in damages for sexual harassment. The impugned conduct related to three verbal interactions and a touch on the arm asking for a hug followed by a reduction in hours when advances were rejected. The complainant had been previously sexually abused and the harassment triggered a significant emotional reaction. | The BC Human Rights Tribunal has suggested that “the trend for injury to dignity awards is upward”, in the case of ''Araniva v RSY Contracting'' 2019 BCHRT 97. In this case, the BC Human Rights Tribunal awarded $40,000 in damages for sexual harassment. The impugned conduct related to three verbal interactions and a touch on the arm asking for a hug followed by a reduction in hours when advances were rejected. The complainant had been previously sexually abused and the harassment triggered a significant emotional reaction. | ||
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. | 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, if the bullying or harassment is of an extremely serious nature, such as serious sexual harassment, consider whether the behaviour might be criminal and whether the police should be contacted. | Finally, if the bullying or harassment is of an extremely serious nature, such as serious sexual harassment, consider whether the behaviour might be criminal and whether the police should be contacted. | ||
=== 40. Retaliation for Filing a Complaint === | === 40. Retaliation for Filing a Complaint === |
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