‘You could be walking into a human rights issue by ignoring the big picture’: employment lawyer explains common mistakes
When an employee alleges workplace bullying, every company policy handbook across the country says the employer must investigate. But as a recent B.C. Labour Relations Board (BCLRB) decision makes clear, a closed file doesn’t always mean the end of the story.
The decision, Farren Wilson, 2026 BCLRB 107, saw a longtime public servant seeking justice for harassment he says he suffered at the hands of a coworker who eventually became his supervisor.
As detailed in the decision, the employer in the case, the B.C. Ministry of Transportation and Infrastructure, conducted five investigations into the alleged harassment during the worker’s more than 10 years of employment.
However, the employee was “not satisfied” with how the ministry handled the findings, leading to more legal proceedings and the permanent end to his employment.
Each investigation cycle in the Wilson case added more documentation and process, without resolving the underlying relationship: a WorkSafeBC mental disorder claim, permanent workplace restrictions, long-term disability, a failed return-to-work placement and severance.
One of the most consequential moments in the case came when WorkSafeBC issued a permanent restriction preventing the employee from interacting with his supervisor. The employer treated that restriction as the final word.
As Fred Wynne, employment...
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