Prohibited action complaints are based in the laws contained in the Workers Compensation Act (the Act). These laws form a basis for deciding on prohibited action complaints.
The legal criteria for a legitimate prohibited action complaint are as follows:
- The employer or union did something prohibited by section 47 of the Act.
- The worker did something protected by section 48 of the Act.
- There is a causal connection between the employer's or union's prohibited action and the worker’s protected activity.
The Act says the burden of proof is on the employer or union to prove prohibited action didn’t take place. In other words, once a worker provides enough information to establish a legal case of prohibited action, it’s up to the employer or union to prove otherwise.
Our lawyers look at the information provided by the worker and assess whether it’s enough to meet the three criteria. If so, they may issue orders to remedy the situation. Whether a complaint is dismissed or not, we provide a written decision in each case.