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ARTICLE · 08 APRIL 2013

Worker's Compensation For Workplace Harassment?

DLA Piper
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Repeated verbal or psychological harassment of an employee by his coworkers resulting in injury is properly brought as a workers' compensation claim, and therefore should not be brought as a civil suit, Master Laycock of the Alberta Court of Queen's Bench ruled earlier this month.

CanadaEmployment and HR
Laura Easton
Laura Easton
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Repeated verbal or psychological harassment of an employee by his coworkers resulting in injury is properly brought as a workers' compensation claim, and therefore should not be brought as a civil suit, Master Laycock of the Alberta Court of Queen's Bench ruled earlier this month.

In Ashraf v. S.N.C. Lavalin ATP Inc., the plaintiff alleged that his coworkers repeatedly marginalized and undermined him, and that his employer did nothing to stop the systemic harassment. The plaintiff alleged that as a result of this conduct he suffered mental anguish that caused or exacerbated certain illnesses or injuries with severe pain and suffering, resulting in his inability to maintain employment. The plaintiff did not plead constructive dismissal, but rather claimed compensation for lost income and benefits, and for pain and suffering. The defendant applied for an order to strike the claim, arguing that the court had no jurisdiction to hear the matter on the basis of the

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