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Workers Compensation Act - Excerpts and Summaries
Part 3 Division 6 - Prohibition Against Discriminatory Action
Actions that are considered discriminatory
150
(1) For the purposes of this Division, "discriminatory action" includes any act or omission by an employer or union, or a person acting on behalf of an employer or union, that adversely affects a worker with respect to any term or condition of employment, or of membership in a union.
(2) Without restricting subsection (1), discriminatory action includes
(a) suspension, lay-off or dismissal,
(b) demotion or loss of opportunity for promotion,
(c) transfer of duties, change of location of workplace, reduction in wages or change in working hours,
(d) coercion or intimidation,
(e) imposition of any discipline, reprimand or other penalty, and
(f) the discontinuation or elimination of the job of the worker.
Discrimination against workers prohibited
151
An employer or union, or a person acting on behalf of an employer or union, must not take or threaten discriminatory action against a worker
(a) for exercising any right or carrying out any duty in accordance with this Part, the regulations or an applicable order,
(b) for the reason that the worker has testified or is about to testify in any matter, inquiry or proceeding under this Act or the Coroners Act on an issue related to occupational health and safety or occupational environment, or
(c) for the reason that the worker has given any information regarding conditions affecting the occupational health or safety or occupational environment of that worker or any other worker to
(i) an employer or person acting on behalf of an employer,
(ii) another worker or a union representing a worker, or
(iii) an officer or any other person concerned with the administration of this Part.
Complaint by worker against discriminatory action or failure to pay wages
152
(1) A worker who considers that
(a) an employer or union, or a person acting on behalf of an employer or union, has taken, or threatened to take, discriminatory action against the worker contrary to section 151, or
(b) an employer has failed to pay wages to the worker as required by this Part or the regulations
may have the matter dealt with through the grievance procedure under a collective agreement, if any, or by complaint in accordance with this Division.
(2) A complaint under subsection (1) must be made in writing to the Board,
(a) in the case of a complaint referred to in subsection (1) (a), within 1 year of the action considered to be discriminatory, and
(b) in the case of a complaint referred to in subsection (1) (b), within 60 days after the wages became payable.
(3) In dealing with a matter referred to in subsection (1), whether under a collective agreement or by complaint to the Board, the burden of proving that there has been no such contravention is on the employer or the union, as applicable.
Response to complaint
153
(1) If the Board receives a complaint under section 152 (2), it must immediately inquire into the matter and, if the complaint is not settled or withdrawn, must
(a) determine whether the alleged contravention occurred, and
(b) deliver a written statement of the Board's determination to the worker and to the employer or union, as applicable.
(2) If the Board determines that the contravention occurred, the Board may make an order requiring one or more of the following:
(a) that the employer or union cease the discriminatory action;
(b) that the employer reinstate the worker to his or her former employment under the same terms and conditions under which the worker was formerly employed;
(c) that the employer pay, by a specified date, the wages required to be paid by this Part or the regulations;
(d) that the union reinstate the membership of the worker in the union;
(e) that any reprimand or other references to the matter in the employer's or union's records on the worker be removed;
(f) that the employer or the union pay the reasonable out of pocket expenses incurred by the worker by reason of the discriminatory action;
(g) that the employer or the union do any other thing that the Board considers necessary to secure compliance with this Part and the regulations.
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