Tribunal looks at role of workers' comp boards in handling psychological safety claims
A worker who says a colleague waved a knife in her face and vandalized her car has lost her psychological injury claim.
That’s because a tribunal ruled that workers’ compensation boards don't have to investigate harassment complaints as thoroughly as employers must under human rights and safety law.
In an Aug. 3, 2026 decision, Susan Robinson, vice-chair of the Prince Edward Island Workers Compensation Appeal Tribunal, dismissed the worker's appeal and upheld the denial of her psychological injury claim against the Workers Compensation Board of Prince Edward Island.
The panel found the board's investigation into her harassment allegations was fair and adequate, even though it did not mirror the standard an employer must meet under human rights or occupational health and safety law.
The worker, who held an administrative support role, told her supervisor on Jan. 22, 2025, that she was being bullied and harassed on the job, adding that her symptoms had begun back in June 2023. She filed a psychological injury report the next day describing what she called ongoing workplace trauma.
She traced her distress to at least six incidents, according to the tribunal's decision. These included coworkers allegedly altering her work to make her look incompetent, a coworker waving a utility knife in her face, suspected vandalism to her car, a comment about her upcoming...
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