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Occupational Health & Safety

"The Hostile Workplace and Employer Liability"

A lawyer at Davis LLP has written a paper entitled "The Hostile Workplace and Employer Liability".

This very comprehensive paper, "examines some of the protections the British Columbia Courts have identified to address psychological harassment in the non-union workplace, including looking at the limits of those protections." Specifically, the author considers:

  1. claims in contract, and in particular, claims for constructive dismissal and consequential damages;
  2. claims in tort, and in particular the claim of tort in intentional infliction of mental suffering; and
  3. claims under statute, and in particular the availability of workers' compensation benefits for stress leave.

The paper also contains on overview of Quebec's psychological harassment provisions.

Physical assualt justified discharge of short service employee, even though provoked by "bullying"

Jurisdiction: - Ontario

National Steel Car Ltd.  v. United Steel Workers of America, Local 7135 [2005] O.L.A.A. No. 585 (QL) (Craven) (September 30, 2005)

"Whistle Blowing in British Columbia: Nervous Reporting and Risky Reprisals"

Murray Tevlin and Calla Nestibo have written a paper, entitled, "Whistle Blowing in British Columbia: Nervous Reporting and Risky Reprisals" (February 2005). They are lawyers at TevlinGleadle Employment Law Strategies in Vancouver.

The authors state that "For the purposes of this paper, "whistle blowing" refers to employees informing authorities of suspected wrong-doing by his or her employer."

"Restrictions on Tort Claims Under the Workers Compensation Act"

Jurisdiction: - British Columbia

Restrictions on Tort Claims Under the Workers Compensation Act is the name of a paper written by two lawyers at Vancouver, BC law firm of Clark Wilson. The paper, which was updated in May 2004, can be found here.