Insubordination, dishonesty, and racism claims all rejected on appeal
A British Columbia operations manager was fired the same morning he told his employer he would file a workplace safety complaint. In a decision dated March 13, 2026, Workers' Compensation Appeal Tribunal Vice Chair David Newell rejected the employer's claims of insubordination, dishonesty, and anti-Black racism, ordering payment of $48,374.94 in lost wages and vacation pay, $9,017.90 in interest, and $387.90 in expenses. The employer must also remit $2,423.12 of the wage loss award and pay an additional $1,615.32 into the employer's RRSP plan on the worker's behalf, and remove all termination references from the worker's file. Its only success on appeal was denying a $1,500 bonus claim.
The worker was hired in July 2022 and promoted to operations manager within a month. He reported aggressive conduct from his warehouse manager in February and March 2023, with other employees raising similar complaints.
Just two days before the termination, the owner had decided on a different course. In an April 2023 statement to the Board, the owner confirmed that on March 12, 2023, "the [b]oard made the decision to maintain [Warehouse Manager] in his position and to have [worker] work with our external HR [human resources] consultant on developing his management skills as this was his first management position of any kind."
On March 14, 2023, the worker arrived to find the warehouse manager already back. He raised his...
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