Three of the most popular articles on HRinfodesk this week deal with a worker's right of action; WSIB mental health stress test; and, employer liability under Canadian Anti-Spam Legislation.
Workplace Safety and Insurance Appeals Tribunal
For years, those of us that practice in the area of Employment Law have taken it as a given: if you suffer from mental distress caused by circumstances in the workplace, you cannot bring a WSIB claim except in very limited circumstances. Unlike physical injuries, WSIB would not cover psychological or emotional damage, even if it could be shown to be a workplace injury. That has now been called into question, as a Workplace Safety and Insurance Appeals Tribunal found that the statutory provision limiting the entitlement to benefits for mental distress is inconsistent with the Charter of Rights and Freedoms and, therefore, unconstitutional.
Three popular articles this week on HRinfodesk deal with limits on workplace mental stress claims; employee refusal to work on Sunday; and how an employee's profanity towards a supervisor was not cause for termination.