Pickering v. Richmond School District No. 38 2021 BCSC 1497

Published Categorized as Notable Decisions Tagged

An employer’s response to bullying and harassment may exclude compensation for an injured worker

This decision addressed the exclusion for mental disorder claims caused by a decision of the worker’s employer. The WCAT decision under review found that the employer’s general way of handling, or even not handling, a bullying and harassment complaint was “a decision” that could exclude compensation. Even though there was no dispute the worker was bullied and harassed, compensation was excluded because the employer’s response to the bullying and harassment was the predominant cause of the mental disorder. The court upheld WCAT’s decision, finding that it was reasonably supported by the evidence.