Court examines whether inadequate workplace investigation warrants financial penalties
The Court of Appeal for British Columbia recently dealt with an appeal by a worker who challenged a decision refusing to impose penalties on her former employer. The worker had filed a complaint alleging she was a victim of workplace bullying by certain co-workers.
The employer issued a verbal warning to the worker without telling her who made the complaint or speaking to her about her version of events.
The board found the employer had violated legislation by inadequately investigating the worker's complaint, but declined to impose financial penalties.
The employer employed the worker as a guest service agent and front desk clerk at a lodge. The worker's supervisor informed her that a complaint had been made about her behaviour.
The employer issued a verbal warning without speaking to her about her version of events. The worker alleged the complaint was false.
The worker believed she was the victim of bullying from certain co-workers. She filed a grievance and made a complaint under the employer's respectful workplace policy.
She took medical leave due to anxiety from the conflict. She made a complaint to the Workers' Compensation Board about how the employer addressed her harassment complaint.
The union later settled the worker's grievance on terms that did not satisfy her. The worker advised the employer that she wanted to return to work. The employer...
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