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Discrimination complaints
When a worker claims discriminatory retaliation (such as a suspension, loss of wages, or a reprimand) by an employer or union regarding a health or safety issue, the Worker and Employer Services Division will dispatch an occupational safety or hygiene officer to investigate the complaint. If the officer is unable to resolve the situation the worker can file a formal complaint with the Compliance section of the Investigations Division.
If a formal complaint is made, the Compliance section will review the matter and may appoint a mediator with the worker's and employer's agreement. If a mediated settlement cannot be reached, the complaint will be adjudicated by a Compliance section case officer. If the decision is that discriminatory action took place, the case officer may make a remedial order — for example, compelling the employer or union found in violation to pay expenses, pay back wages, or reinstate the worker.
If an employer, worker, or union disagrees with the decision, they may appeal that decision directly to the Workers' Compensation Appeal Tribunal.
Resources
Workers Compensation Act
- Part 3 Division 6 – Excerpts and Summaries (Refers to Prohibition Against Discriminatory Action)
- Part 3 Division 6 Policies (Contains policies regarding discrimination)
- Part 3 Division 6 Guidelines– Handling Discriminatory Complaints
Forms:
- Worker Complaint Of Discriminatory Action (Form 57W1)
- Worker Election (Form 57W2)
- Worker Consent (Form 57W4)
- Discriminatory Action – Employer or Union Response (Form 57M7)
Information: