Discriminatory action complaints are based in the laws contained in the Workers Compensation Act (the Act). These laws form a basis for deciding on discriminatory action complaints.
A legitimate discriminatory action complaint must meet the following legal criteria:
- The employer or union did something prohibited by section 150 (1) of the Act.
- The worker did something protected by section 151 of the Act.
- There is a causal connection between the employer or union's prohibited action and the worker’s protected activity.
The Act says the burden of proof is on the employer to prove discriminatory action didn’t take place. In other words, once a worker provides enough information to establish a complaint of discriminatory action, it’s up to you to prove otherwise.
We look at the information provided by the worker and assess whether it’s enough to meet the three criteria. If so, and you have not rebutted their case, we may issue orders to remedy the situation. Whether the complaint is dismissed or not, we’ll issue a written decision.