Constructive dismissal update: Employee claiming damages for workplace harassment barred from commencing court action

▤ Summary

An employee quit her employment because of workplace harassment and filed a constructive dismissal action. Ms. Morningstar claimed that because of the stress of the internal investigation, the recommendations, and the continuing harassment and bullying she experienced by co-workers and management, she had to take a medical leave. In addition, he noted that Ms. Morningstar, her co-workers, and the managers named in the action were in the course of their employment when the alleged incidents of harassment and bullying took place. Therefore he concluded, “the personal injury for which the worker claims remedies, under all heads of damage, flows from workplace harassment and bullying. As such, her right to sue is removed by the WSIA.” The adjudicator also concluded that “damages flowing from a work injury are statute barred even when the remedies sought are different from those compensated in the WSIA, when those damages flow from a work injury falling within the scope of the WSIA.” Furthermore, the adjudicator concluded that Ms. Morningstar’s “Statement of Claim was, in essence, a claim for injury resulting from alleged workplace harassment and bullying and thus is within the scope of section 13(4) … to provide for entitlement for chronic mental stress arising out of, and in the course of, [Ms. Morningstar’s] employment.” Are you reporting potentially serious incidents?

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