The B.C. Workers’ Compensation Appeal Tribunal (WCAT) has ordered an employer to amend a former employee’s record of employment (ROE) after finding the worker was wrongly terminated in retaliation for raising workplace bullying and harassment concerns.
The worker, identified as a senior developer, initially brought forward allegations of bullying and harassment, which led to a prohibited action complaint under the Workers Compensation Act. The Workers’ Compensation Board (WorkSafeBC) previously determined the employer retaliated against the worker for exercising occupational health and safety rights.
The dispute centered on the appropriate remedy. While the employer initially argued the worker abandoned his position, the tribunal upheld WorkSafeBC’s finding that the worker’s termination constituted prohibited action. However, WCAT affirmed the original ruling that the worker was entitled only to two months’ lost wages rather than the nearly two-and-a-half years of compensation he sought.
The tribunal reviewed extensive evidence, including instant messages exchanged between the worker and his supervisor on May 6, 2019, revealing significant tensions unrelated to safety complaints. WCAT concluded that although the worker’s termination was influenced by his safety complaint, the employment relationship was deteriorating due to broader conflicts about job expectations and management practices.
Substantial remedies rejected
The worker sought extensive remedies beyond the two months’ lost wages, including nearly $412,000 in wage-loss from May 13, 2019, to October 3, 2021, a discretionary performance bonus for 2019, reimbursement of health care premiums, punitive damages, counselling costs, and amendments to his employment file. WCAT rejected these requests, determining they fell outside the statutory intent of making the worker “whole.”
WCAT specifically rejected the worker’s claim for a discretionary performance bonus, noting the employment contract stipulated bonuses were contingent on active employment at distribution time. The tribunal also found the worker did not adequately substantiate claims for counselling costs or health insurance premiums, as these expenses existed before, during, and after his employment.
Additionally, the tribunal dismissed claims related to punitive damages, concluding that deterrent remedies were inappropriate under the Workers Compensation Act, which prioritizes making workers whole rather than punishing employers.
Mitigation of losses considered
WCAT closely examined whether the worker fulfilled his duty to mitigate losses by seeking alternative employment. Although acknowledging the worker experienced emotional distress following his termination, WCAT noted his skill set was highly marketable, citing employment opportunities presented shortly after his dismissal. The tribunal concluded the two-month wage-loss compensation period was adequate given these factors.
Employment record amended
Despite rejecting most additional remedy requests, WCAT ordered the employer to amend the worker’s record of employment. The tribunal directed that the description indicating job abandonment be changed to “wrongful termination.” WCAT acknowledged the incorrect entry could hinder access to Employment Insurance or Canada Emergency Response Benefits (CERB).
The employer must provide the revised record to the worker and Employment and Social Development Canada within 90 days. Additionally, WCAT required the employer to issue a neutral letter of reference confirming employment dates, job title, and duties without commenting on performance or conduct.
Requests deemed outside WCAT jurisdiction
The tribunal dismissed further worker requests for a letter of apology, removal of negative file comments, withdrawal of a police complaint regarding withheld employer property, and additional lost wages prior to termination, ruling these matters outside WCAT’s jurisdiction or scope under the Act.
Legal costs claim denied
WCAT also denied the employer’s claim for legal cost reimbursement. Although acknowledging the worker’s submissions were lengthy and sometimes legally unfounded, the tribunal concluded the worker’s actions did not rise to the level of frivolous or vexatious conduct warranting such an award.
The tribunal confirmed the original WorkSafeBC ruling awarding the worker wage-loss compensation totaling $24,639.97, including vacation pay, plus interest of $3,166.24, while limiting additional non-monetary remedies to record correction and a neutral reference letter.
For more information, see A2301217 (Re), 2025 CanLII 23839 (BC WCAT).
