Workplace Violence in Healthcare Settings + Recently Dismissed Employee Claims
Each month, Spraggs Law publishes Vancouver Legal News, a curated selection of articles about legal issues discussed in the news. This month, we’re covering the growing crisis of (sometimes extreme) workplace violence faced by healthcare workers and first responders while on the job, followed by three recent employee claims that were each dismissed for different reasons.
Tightening Laws Surrounding Workplace Violence and Harassment
Provinces enact stricter measures to abolish workplace violence
A recent Canadian Occupational Safety Magazine article highlights significant updates to workplace harassment laws in four provinces. While British Columbia has yet to follow suit, employers would be wise to take proactive measures, such as focusing on stricter regulations that prevent workplace violence and ensure a safe and respectful work environment. Recommended measures include detailing your company’s legal obligations for prevention and how your company will respond to harassment incidents. Staying informed about these legal developments is essential for mitigating risks and protecting employee rights in the workplace.
Zero-tolerance for violence faced by healthcare workers and first responders
In British Columbia, over 1,800 workplace violence claims were reported in the healthcare sector last year, highlighting a growing concern for employee safety. This surge in incidents underscores the urgent need for enhanced safety protocols and support systems to protect healthcare workers.
The BC Nurses’ Union recently urged the Senate to address a growing crisis of violence against healthcare workers by supporting Bill C-321, which proposes harsher penalties for assaults on first responders. Testimonies revealed shocking incidents, including a nurse attacked in an emergency room and a student nurse assaulted with a knife. Despite a high incidence of violence, many nurses feel discouraged from reporting due to doubts about employer response. Bill C-321, if passed, aims to enhance workplace safety and underscore the zero-tolerance stance against violence in healthcare settings.
Recent Employee Claims Dismissed on Different Grounds
Perceived versus objective violations
A recent decision by a British Columbia tribunal denied a nurse’s appeal for compensation related to a mental disorder. The tribunal found insufficient evidence to support the nurse’s claim, which included colleagues’ interactions with the claimant, which the claimant perceived as hostile. The tribunal emphasized the need for a demonstrable connection between workplace conditions and resulting mental health issues, stating “not all rude or thoughtless conduct amounts to abusive behaviour.” This ruling underscores the challenges employees may face when seeking mental health-related claims and highlights the importance of thorough documentation in supporting such cases. BC employers should stay informed about the evolving landscape of workplace mental health claims to better navigate potential legal implications.
Claim dismissed, but not entirely
When discrimination, harassment or bullying complaints are made, the courts must carefully separate complaints of perceived slights and interpersonal conflicts between colleagues versus legitimate evidence of abusive or discriminatory behaviour. A recent case involving a partially dismissed complaint against a Richmond school district is an example of what the BC Human Rights Tribunal considers a valid claim of workplace discrimination based on protected grounds. The case also underscores employers’ “duty to maintain a discrimination-free workplace and respond to potential discrimination when alerted.”
Claim related to employee’s failure to disclose vaccination status
A recent decision by the BC Labour Relations Board dismissed a discrimination complaint from a former Penticton support worker who was constructively dismissed for refusing to disclose her COVID-19 vaccination status. The board found that the employer’s request for vaccination disclosure was valid and that the union acted in good faith when it declined to advance her grievance to arbitration. The case highlights the legal complexities surrounding vaccine mandates and employee rights in British Columbia, underscoring the importance of employers staying informed about evolving regulations and legal precedents.
What Do You Think?
What do you think about these updates affecting citizens, employers, and employees across Canada? If you have questions about employment law, estate law, business law, personal injury or harassment laws for our team at Spraggs Law, we’d love to hear from you. Contact one of our lawyers in Vancouver today.
Please note: This article does not contain legal advice. If you would like advice on your specific situation, please contact Spraggs Law.
