The Workplace Safety and Insurance Board (WSIB) has announced that minor revisions to the Operational Policy Manual documents 15-03-02, Traumatic Mental Stress and 15-03-14, Chronic Mental Stress are in effect as of March 1, 2024. As stated by the WSIB, the revisions are intended “to clarify the role of witness evidence in the adjudication of…
Tag: Mental Stress
WSIA “Employment Function” Mental Stress Exclusion Considered by Appellate Court
In Ontario Public Service Employees Union v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), the Divisional Court recently overturned a 2017 Grievance Settlement Board (GSB) decision that found the grievor’s right to a workplace free of harassment had been violated but that it had no jurisdiction to award damages…
WSIB and Chronic Mental Stress
In this Client Toolkit, we set out the statutory changes, the policy framework and a list of steps employers can take to minimize the risk of workplace stress.
Appellate Court Upholds GSB Decision that Appropriate Jurisdiction to Adjudicate Mental Stress Claim is under WSIA
The Divisional Court has upheld a decision of the Grievance Settlement Board (Board) that found that it did not have jurisdiction to award damages as a remedy for grievances alleging workplace bullying and harassment as the alleged injuries would be compensable under the Workplace Safety and Insurance, 1997 (WSIA). In Ontario Public Service Employees Union…
Recent Legislative Initiatives of Interest to School Boards
Recent legislative changes in Ontario will have a significant impact on school boards. First, school boards will now be required to adopt a code of conduct that applies to trustees. Second, as of January 1, 2018, entitlement to benefits for chronic mental stress is compensable under the Workplace Safety and Insurance Act, 1997…
William LeMay Quoted in Law Times
Hicks Morley’s Will LeMay was quoted in the June 9, 2014 edition of Law Times in an article entitled “Lawyers divided on WSIB stress-claim ruling.” The article discusses a Workplace Safety and Insurance Appeals Tribunal panel decision that chronic workplace-related stress could be a valid claim under Ontario’s workplace insurance system, and that some of…