The long awaited DSM-5 has arrived and the controversy rages. Meanwhile, no matter what employers may think about the changes, they have no choice but to deal with the inevitable fallout. DSM-5 is the “Diagnostic and Statistical Manual of Mental Disorders” as newly revised from the previous DSM-IV. It was formally introduced this week by… → Read More
Category Archives: Workers Compensation
Subscribe to Workers Compensation RSS FeedWorkSafeBC Approves New Workplace Bullying and Harassment Policies
Posted in Occupational Health and Safety, Workers CompensationWorkSafeBC’s Board of Directors has just published 3 new Occupational Health and Safety policies concerning workplace bullying and harassment. The following new policies take effect on November 1, 2013: · Employer Duties – Workplace Bullying and Harassment – D3-115-2; · Worker Duties – Workplace Bullying and Harassment – D3-116-1; and · Supervisor Duties –… → Read More
Bullying and Harassment, or Not
Time to Step Back and Consider
Posted in Discrimination, Employee Obligations, Human Rights, Occupational Health and Safety, Workers CompensationTragic cases and more mundane legislative changes have everyone talking about bullying and harassment. For employers it is necessary to take a step back and consider what is not workplace bullying and harassment. In BC in particular, with the advent of the new mental disorder provisions of the Workers Compensation Act, there has been a surge… → Read More
“Workplace Investigations – Part 3”
Posted in Discipline, Discrimination, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful DismissalIn earlier posts, here and here, we discussed some legal issues that arise in workplace investigations. In this post, we will discuss some of the privacy issues that can arise. The investigator is often asked by nervous employees whether their identity and the information they give will be kept confidential. This cannot be guaranteed. Employees being… → Read More
Workplace Investigations – Part 2
Posted in Damages, Discipline, Human Rights, Investigations, Just Cause, Termination, Workers Compensation, Wrongful DismissalIn an earlier post, we discussed when employers may wish to conduct workplace investigations. In this post we’ll discuss who should conduct the investigation. Being lawyers, we usually have a quick answer to this: legal counsel. We recognize, however, that clients don’t have unlimited funds. So practically speaking, each situation will have to be assessed… → Read More
Mental Illness at Work
New Diagnoses May Affect Employers
Posted in Human Rights, Occupational Health and Safety, Workers CompensationA recent piece in the Vancouver Sun highlights some concerns with new mental illness diagnoses that likely are coming to your workplace. The Diagnostic and Statistical Manual of Mental Disorders is being revised. When DSM V comes out next May we will see new mental disorders and broadened definitions of existing disorders. It’s important because the DSM is basically the… → Read More
Employee Responsibility for Safety
Charge for failing to report unsafe work
Posted in Employee Obligations, Occupational Health and Safety, Workers CompensationAn employee in Ontario is facing a charge under that province’s Occupational Health and Safety Act. It is not for causing an injury. It is not for participating in unsafe work practices. He is being charged for failing to report an unsafe work situation that he observed. This is not a BC case, so it… → Read More
Month in Review
Posted in Accommodation, Age, Benefits, Compensation, Pensions, Damages, Discipline, Discrimination, Employee Obligations, Employment Standards, Family Status, Human Capital, Human Rights, Immigration, Investigations, Just Cause, Labour Relations, Litigation, Murphy's Laws of HR, Privacy, Recruiting, Termination, Unions, US vs.Canadian Employment Law, Wage and Hours, Workers Compensation, Wrongful DismissalThe bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.
Mental Stress, Bullying and Harassment Law in Force in BC
Posted in Benefits, Compensation, Pensions, Discrimination, Occupational Health and Safety, Workers CompensationThe new provisions in BC’s Workers Compensation Act about mental stress, bullying and harassment took effect July 1, 2012. See our previous post for a description of the changes.
Mental Stress, Bullying and Harassment in the Workplace
Posted in Benefits, Compensation, Pensions, Discrimination, Occupational Health and Safety, Workers CompensationThe British Columbia government has introduced legislation to modify the WorkSafe BC approach to mental stress, and to compensate for bullying and harassment in the workplace. The proposed amendment to the Workers Compensation Act (British Columbia) is significant and will result in new types of claims for compensation under the Act. It is hard to predict… → Read More
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