Alberta worker filed claim after alleging she was subjected to bullying and harassment at work
Despite confirmation of bullying and harassment, one worker’s psychological injury claim has been denied.
The Appeals Commission for Alberta Workers’ Compensation made that decision earlier this month, citing insufficient objective evidence and a lack of proof that workplace events were the predominant cause of her condition.
In Docket No. AC0534-24-33, Decision No. 2025-0590, the Commission upheld earlier decisions by the Workers’ Compensation Board (WCB) and the Dispute Resolution and Decision Review Body (DRDRB) to deny the claim.
Bullying and harassment at work
The worker, who alleged she was subjected to bullying and harassment at work starting in 2019, filed her claim in September 2022. The date of accident was deemed to be November 12, 2021, the date she first sought medical treatment.
The worker’s representative argued that the manager engaged in repeated objectionable conduct, including insensitive comments, name-calling, sexual insinuations, and physical contact. The worker also reported being prevented from entering parts of the workplace and receiving no condolences after a family member’s death.
The Appeals Commission found that the worker had a confirmed diagnosis of major depressive disorder (MDD) and generalised anxiety disorder (GAD).
“The evidence before us shows that the treating psychologist noted symptoms related to depression and anxiety. In October 2022, she advised that the worker met the criteria for MDD and GAD diagnoses,” the Commission stated.
Recently, the latest phase of Quebec’s Bill 27, the Act to Modernize the Occupational Health and Safety Regime, came into force, making the identification, assessment, and prevention of psychosocial risks a legal requirement for all workplaces in the province. Psychosocial risks are the factors that are “related to work organization, management practices, employment conditions and social relations and that increase the probability of generating adverse effects on the physical and mental health of exposed individuals," according to the Institut national de santé publique du Québec (INSPQ).
Harassment 'contributing factor' to depression
However, the Appeals Commission determined that the claim did not meet two key policy requirements. First, there was no objective confirmation of the alleged workplace events.
“We are unable to find there is objective confirmation of the events other than one instance of name-calling, which is referred to in a November 4, 2022 email with the employer,” the decision said.
Second, the Commission found that the death of the worker’s family member, not the workplace events, was the predominant cause of her psychological injury. The panel cited medical evidence from a psychiatrist, two psychologists who conducted comprehensive psychological assessments, and the worker’s family doctor, all of whom attributed the worker’s condition primarily to the family member’s death.
“Although the confirmed incidents of bullying and harassment were very likely a contributing factor to [the worker’s] development of the Major Depressive Disorder, based on the information available, her [family member’s] death in July 2021 was the predominant cause of this diagnosis,” the Commission wrote.
Under Alberta’s workers’ compensation policy, claims for chronic onset psychological injury are only compensable if all criteria are met, including a confirmed diagnosis, objective confirmation of events, and proof that work-related events are the predominant cause.
“We find that the worker does not have an acceptable claim for a psychological injury on a direct causation basis,” the Commission stated.
“All criteria are required to be met before a claim is acceptable,” the Commission stated.
The worker’s appeal was denied, and the DRDRB’s decision was confirmed.
How to promote psychological safety in the workplace
According to the Canadian Centre for Occupational Health and Safety (CCOHS), the overall health of a workplace includes both the physical and psychological well-being of its workers.
“By treating mental health and its psychological component equally with the physical environment, a workplace can support their workers' overall well-being,” it says.
The government agency shares these strategies that employers can use to encourage positive mental health:
- Encourage active employee participation and decision-making
- Clearly define employees’ duties and responsibilities
- Promote work-life balance
- Encourage respectful and non-derogatory behaviours
- Manage workloads
- Allow continuous learning
- Have conflict resolution practices in place
- Recognise employees’ contributions effectively
Previously, Rio Tinto’s outgoing chief executive Jakob Stausholm advised employers to focus on psychological safety over toughness.
