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Monday, September 21, 2026

Tribunal doubles retaliation payout after mitigation defence fails - Canadian HR Reporter

Employee claims she deleted many job rejection notifications because they worsened her anxiety

A worker who raised bullying concerns to her director was fired shortly after speaking up. A tribunal has now doubled her compensation, ruling her employer failed to prove she did not try hard enough to find new work.

In a July 16, 2026 decision, Workers' Compensation Appeal Tribunal vice chair Hélène Beauchesne sided with a part-time medical clinic administrative assistant appealing a reduced remedy for her employer's retaliation. The board had already found the employer retaliated by firing her after she reported bullying and harassment by the office manager, but had halved her wage-loss award over her mitigation efforts.

Beauchesne restored her full remedy of $6,006 in gross wages and vacation pay, plus $1,144 interest.

Safety complaint, then dismissal

The worker was a part-time administrative assistant at the employer's medical clinic from Jan. 16, 2023 to April 5, 2023. In an email to the clinic's director on March 25, 2023, she raised concerns about bullying and harassment by the office manager. Eleven days later, the employer fired her.

She filed a prohibited action complaint with WorkSafeBC, alleging the dismissal was retaliation. A Feb. 12, 2024 decision found the employer had taken a prohibited action against her. The employer did not appeal that finding.

The dispute at the tribunal concerned only the remedy. A July 29, 2024, decision calculated her wage loss at $5,775...



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