What constitutes bullying and harassment under section 135(1)(c) of the BC Workers’ Compensation Act?
British Columbia, Canada
The following excerpt is from A2100926 (Re), 2021 CanLII 137697 (BC WCAT):
Not everything an employer does is covered by section 135(1)(c). The exclusion does not for example, afford an exemption to threaten, intimidate, bully or harass. (Bendera v. Workers’ Compensation Appeal Tribunal, 2018 BCSC 552). The judge in that case held that it was incongruous to the overall scheme that bullying and harassment conduct is compensable unless it is conducted by the employer.
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