Podcast
Questions and Answers
Which factor is NOT considered for Death and Survivor Benefits?
Which factor is NOT considered for Death and Survivor Benefits?
- The number of dependent children
- The deceased’s net average earnings
- Dependent's entitlement to CPP earnings
- The duration of the deceased’s employment (correct)
What type of disability represents periodic payments that cease after recovery?
What type of disability represents periodic payments that cease after recovery?
- Permanent Total Disability
- Temporary Total Disability (correct)
- Permanent Partial Disability
- Temporary Partial Disability
Which of the following best describes the coverage for Permanent Total Disability?
Which of the following best describes the coverage for Permanent Total Disability?
- It provides benefits for a limited time based on severity.
- It is payable only upon the death of the worker.
- It is payable for life regardless of improvement. (correct)
- It requires the worker to undergo retraining.
In the case of Robert, which aspect is crucial for determining his benefits following the injury?
In the case of Robert, which aspect is crucial for determining his benefits following the injury?
What percentage of Robert's pre-injury net earnings does WCB compensate for loss of earnings?
What percentage of Robert's pre-injury net earnings does WCB compensate for loss of earnings?
What is Robert's total earnings per week while on modified duties?
What is Robert's total earnings per week while on modified duties?
Which duty must both the employer and employee fulfill according to WCB regulations?
Which duty must both the employer and employee fulfill according to WCB regulations?
What happens if the employee fails to provide medical information related to functional abilities?
What happens if the employee fails to provide medical information related to functional abilities?
For how long will Robert's wages and benefits need to be paid on the day of his injury?
For how long will Robert's wages and benefits need to be paid on the day of his injury?
What is the calculated loss of earnings Robert experiences per week after returning to work on modified duties?
What is the calculated loss of earnings Robert experiences per week after returning to work on modified duties?
How much of Robert's physiotherapy and treatments are covered by WCB?
How much of Robert's physiotherapy and treatments are covered by WCB?
What is the monetary compensation WCB provides Robert for loss of earnings after he returns to modified duties?
What is the monetary compensation WCB provides Robert for loss of earnings after he returns to modified duties?
What is the primary goal of WCB concerning injured workers?
What is the primary goal of WCB concerning injured workers?
What does the Personal Information Protection and Electronic Documents Act (PIPEDA) regulate?
What does the Personal Information Protection and Electronic Documents Act (PIPEDA) regulate?
Which of the following is NOT considered personal information?
Which of the following is NOT considered personal information?
Under which act can individuals request access to information held by public bodies?
Under which act can individuals request access to information held by public bodies?
What does vicarious liability imply for employers regarding privacy invasions?
What does vicarious liability imply for employers regarding privacy invasions?
What is the main purpose of the Freedom of Information and Protection of Privacy Act?
What is the main purpose of the Freedom of Information and Protection of Privacy Act?
Which of the following is included in the definition of personal information?
Which of the following is included in the definition of personal information?
What factor has increased the importance of privacy in recent years?
What factor has increased the importance of privacy in recent years?
Which of the following is a legitimate ground for just cause in the dismissal of an employee?
Which of the following is a legitimate ground for just cause in the dismissal of an employee?
Which of the following entities is NOT classified as a public body under the Freedom of Information and Protection of Privacy Act?
Which of the following entities is NOT classified as a public body under the Freedom of Information and Protection of Privacy Act?
Which aspect of privacy is emphasized by the rapid ability to manipulate personal information?
Which aspect of privacy is emphasized by the rapid ability to manipulate personal information?
What constitutes 'near cause' in the context of employment dismissal?
What constitutes 'near cause' in the context of employment dismissal?
Which of the following types of information is explicitly categorized as personal information?
Which of the following types of information is explicitly categorized as personal information?
Which of the following scenarios would NOT typically justify dismissal under just cause?
Which of the following scenarios would NOT typically justify dismissal under just cause?
Which types of employee rights can an employer NOT penalize under just cause criteria?
Which types of employee rights can an employer NOT penalize under just cause criteria?
What is required for sanctions against an employee's misconduct to be considered justified?
What is required for sanctions against an employee's misconduct to be considered justified?
What type of organization is NOT covered under the Personal Information Protection Act (PIPA)?
What type of organization is NOT covered under the Personal Information Protection Act (PIPA)?
Which principle under PIPA explicitly acknowledges the need for organizations to collect personal information?
Which principle under PIPA explicitly acknowledges the need for organizations to collect personal information?
What is the primary focus of PIPA regarding personal information?
What is the primary focus of PIPA regarding personal information?
When was the Personal Information Protection Act (PIPA) in Alberta last amended?
When was the Personal Information Protection Act (PIPA) in Alberta last amended?
Which of the following is an example of an individual covered under PIPA acting in a commercial capacity?
Which of the following is an example of an individual covered under PIPA acting in a commercial capacity?
What is one of the rights individuals have under PIPA regarding their personal information?
What is one of the rights individuals have under PIPA regarding their personal information?
Which of the following best describes the scope of PIPA in provincial regulations?
Which of the following best describes the scope of PIPA in provincial regulations?
In what year did British Columbia enact PIPA?
In what year did British Columbia enact PIPA?
What type of information does PIPA primarily address in workplaces?
What type of information does PIPA primarily address in workplaces?
Which of the following organizations is considered a professional regulatory association under PIPA?
Which of the following organizations is considered a professional regulatory association under PIPA?
What can cause an injury to be excluded from coverage under WCB benefits?
What can cause an injury to be excluded from coverage under WCB benefits?
Which condition is typically the worker's responsibility to prove a causal relationship for WCB benefits?
Which condition is typically the worker's responsibility to prove a causal relationship for WCB benefits?
What criteria must be met for mental stress claims to be eligible under WCB?
What criteria must be met for mental stress claims to be eligible under WCB?
Which of the following is NOT an example of willful misconduct that negates WCB coverage?
Which of the following is NOT an example of willful misconduct that negates WCB coverage?
What type of condition is considered under WCB if there is a clear connection between recognized diseases and work conditions?
What type of condition is considered under WCB if there is a clear connection between recognized diseases and work conditions?
In which scenario would the onus of proof for a causal relationship not rest on the worker?
In which scenario would the onus of proof for a causal relationship not rest on the worker?
Which factors must be established for an injury to qualify as a disability claim?
Which factors must be established for an injury to qualify as a disability claim?
What is the total amount Robert earns per week while on modified duties?
What is the total amount Robert earns per week while on modified duties?
What percentage of Robert's net earnings does WCB compensate for loss of earnings?
What percentage of Robert's net earnings does WCB compensate for loss of earnings?
Which of the following statements best describes Robert's situation regarding his injuries?
Which of the following statements best describes Robert's situation regarding his injuries?
What is Robert's net loss of earnings per week after returning to work on modified duties?
What is Robert's net loss of earnings per week after returning to work on modified duties?
Which action is encouraged by WCB to facilitate an early return for workers like Robert?
Which action is encouraged by WCB to facilitate an early return for workers like Robert?
How are Robert’s physiotherapy costs covered by WCB?
How are Robert’s physiotherapy costs covered by WCB?
What occurs if Robert fails to provide necessary medical information to WCB?
What occurs if Robert fails to provide necessary medical information to WCB?
What is the primary goal of WCB regarding workers like Robert?
What is the primary goal of WCB regarding workers like Robert?
What is the minimum notice period required for an employee with between 2 years but less than 4 years of service in Alberta?
What is the minimum notice period required for an employee with between 2 years but less than 4 years of service in Alberta?
Under the BC Employment Standards Act, how is compensation for length of service determined after 3 years of employment?
Under the BC Employment Standards Act, how is compensation for length of service determined after 3 years of employment?
What happens after a temporary layoff exceeding 60 days in Alberta?
What happens after a temporary layoff exceeding 60 days in Alberta?
What is required from employees in Alberta concerning notice prior to resignation?
What is required from employees in Alberta concerning notice prior to resignation?
What must be true for continuity of employment after a business is sold or merged?
What must be true for continuity of employment after a business is sold or merged?
What constitutes personal information under PIPEDA?
What constitutes personal information under PIPEDA?
Which of the following best describes the role of employers in relation to privacy invasions by employees?
Which of the following best describes the role of employers in relation to privacy invasions by employees?
Public bodies under the Freedom of Information and Protection of Privacy Act do NOT include which entity?
Public bodies under the Freedom of Information and Protection of Privacy Act do NOT include which entity?
What right is provided to individuals under the Freedom of Information and Protection of Privacy Act?
What right is provided to individuals under the Freedom of Information and Protection of Privacy Act?
Which aspect of the current landscape has heightened concerns regarding privacy?
Which aspect of the current landscape has heightened concerns regarding privacy?
What is the primary responsibility of employers regarding the Workers' Compensation system?
What is the primary responsibility of employers regarding the Workers' Compensation system?
Which type of personal information is NOT typically classified under PIPEDA?
Which type of personal information is NOT typically classified under PIPEDA?
Which of the following is NOT a characteristic of organizations defined by PIPEDA?
Which of the following is NOT a characteristic of organizations defined by PIPEDA?
What must employers do to have an appropriate base insurance rate assigned by the WCB?
What must employers do to have an appropriate base insurance rate assigned by the WCB?
What is the recommended action following an employee injury to initiate a claim?
What is the recommended action following an employee injury to initiate a claim?
What primarily differentiates personal information from other types of data?
What primarily differentiates personal information from other types of data?
How should claims be managed according to the best practices outlined for WCB?
How should claims be managed according to the best practices outlined for WCB?
Which of the following is included among public bodies as per the Freedom of Information Act?
Which of the following is included among public bodies as per the Freedom of Information Act?
What should employers do to maintain the confidentiality of medical files?
What should employers do to maintain the confidentiality of medical files?
Which of the following correctly states a significant concern regarding privacy in the workplace?
Which of the following correctly states a significant concern regarding privacy in the workplace?
What action can a worker or employer take if they disagree with a decision made by WCB?
What action can a worker or employer take if they disagree with a decision made by WCB?
What is a key component of effective claims management concerning employee returns to work?
What is a key component of effective claims management concerning employee returns to work?
What is the function of WCB Appeals Commissions in relation to the WC Boards?
What is the function of WCB Appeals Commissions in relation to the WC Boards?
What type of communication should not take place between employers and an injured employee’s physician?
What type of communication should not take place between employers and an injured employee’s physician?
Which program is associated with improving workplace health and safety in Alberta and BC?
Which program is associated with improving workplace health and safety in Alberta and BC?
What principle does the Personal Information Protection and Electronic Documents Act (PIPEDA) primarily enforce?
What principle does the Personal Information Protection and Electronic Documents Act (PIPEDA) primarily enforce?
Which type of information is considered NOT personal information according to the provided content?
Which type of information is considered NOT personal information according to the provided content?
Which entities are considered public bodies under the Freedom of Information and Protection of Privacy Act?
Which entities are considered public bodies under the Freedom of Information and Protection of Privacy Act?
What has increased the importance of privacy concerns in recent years?
What has increased the importance of privacy concerns in recent years?
Under what regulation can individuals request access to personal information held by public bodies?
Under what regulation can individuals request access to personal information held by public bodies?
Which of the following examples is considered personal information?
Which of the following examples is considered personal information?
Which organizations are covered under PIPA?
Which organizations are covered under PIPA?
What rights do individuals have under PIPA regarding their personal information?
What rights do individuals have under PIPA regarding their personal information?
What is the primary purpose of PIPA?
What is the primary purpose of PIPA?
Which of the following is NOT a principle covered by PIPA?
Which of the following is NOT a principle covered by PIPA?
In which year was PIPA last amended in Alberta?
In which year was PIPA last amended in Alberta?
What type of organizations does PIPA NOT apply to?
What type of organizations does PIPA NOT apply to?
Which of the following is considered personal information under PIPA?
Which of the following is considered personal information under PIPA?
What is required for an employee to claim damages for constructive dismissal?
What is required for an employee to claim damages for constructive dismissal?
Who among the following is classified under PIPA as acting in a commercial capacity?
Who among the following is classified under PIPA as acting in a commercial capacity?
In what case must an employee continue working to avoid failing their duty to mitigate?
In what case must an employee continue working to avoid failing their duty to mitigate?
What circumstances may lead to a comprehensive review of PIPA?
What circumstances may lead to a comprehensive review of PIPA?
Which of the following is NOT a condition that constitutes constructive dismissal?
Which of the following is NOT a condition that constitutes constructive dismissal?
Who bears the responsibility to prove a failure to mitigate damages?
Who bears the responsibility to prove a failure to mitigate damages?
What is the primary purpose of including and updating termination clauses in employment contracts?
What is the primary purpose of including and updating termination clauses in employment contracts?
What is the minimum notice period for an employee with 4 years of service in Alberta?
What is the minimum notice period for an employee with 4 years of service in Alberta?
Under what condition might an employee in Alberta not be required to provide notice before terminating employment?
Under what condition might an employee in Alberta not be required to provide notice before terminating employment?
Which of the following scenarios qualifies as a temporary layoff in British Columbia?
Which of the following scenarios qualifies as a temporary layoff in British Columbia?
What does continuity of employment guarantee when a business is sold?
What does continuity of employment guarantee when a business is sold?
In British Columbia, what is the required notice for an employee with 8 years of service?
In British Columbia, what is the required notice for an employee with 8 years of service?
What must an employer do once notice of termination has been given?
What must an employer do once notice of termination has been given?
What is the maximum notice period mandated by the Alberta ESC for an employee with over 10 years of service?
What is the maximum notice period mandated by the Alberta ESC for an employee with over 10 years of service?
How is common law reasonable notice determined?
How is common law reasonable notice determined?
What is the consequence if an employee lays off for more than 60 days in Alberta?
What is the consequence if an employee lays off for more than 60 days in Alberta?
What must be the method of delivering notice of termination?
What must be the method of delivering notice of termination?
What should an organization do first to ensure compliance with privacy regulations?
What should an organization do first to ensure compliance with privacy regulations?
Which action is essential for an employee's resignation to be considered voluntary?
Which action is essential for an employee's resignation to be considered voluntary?
What must organizations do to collect, use, or disclose personal information legally?
What must organizations do to collect, use, or disclose personal information legally?
What is the main role of the commissioner concerning privacy complaints?
What is the main role of the commissioner concerning privacy complaints?
What should an employer do if an employee provides advance notice of resignation?
What should an employer do if an employee provides advance notice of resignation?
What is one responsibility of staff after privacy policies are developed?
What is one responsibility of staff after privacy policies are developed?
Special circumstances that could trigger a statutory requirement for notice upon resignation are considered to be:
Special circumstances that could trigger a statutory requirement for notice upon resignation are considered to be:
What is an activity that organizations should perform to comply with privacy regulations?
What is an activity that organizations should perform to comply with privacy regulations?
What might indicate that an employee has not resigned voluntarily?
What might indicate that an employee has not resigned voluntarily?
Which of the following is a policy that organizations should develop for compliance?
Which of the following is a policy that organizations should develop for compliance?
Flashcards
Lost Earnings
Lost Earnings
Compensation for income lost on the day of an injury, paid by the employer.
Health Care Costs
Health Care Costs
Reimbursement for medical expenses related to an injury.
Temporary Partial Disability
Temporary Partial Disability
Partial income replacement for a temporary disability.
Permanent Total Disability
Permanent Total Disability
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Temporary Total Disability
Temporary Total Disability
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Permanent Partial Disability
Permanent Partial Disability
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Vocational Rehabilitation
Vocational Rehabilitation
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Privacy of personal information
Privacy of personal information
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PIPEDA
PIPEDA
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Personal Information
Personal Information
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Freedom of Information and Protection of Privacy Act
Freedom of Information and Protection of Privacy Act
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Public Bodies
Public Bodies
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Vicarious Liability
Vicarious Liability
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Data Collection
Data Collection
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Data Analysis
Data Analysis
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Data Disclosure
Data Disclosure
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Data Transfer
Data Transfer
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Robert's Injury
Robert's Injury
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WCB Coverage
WCB Coverage
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Loss of Earnings
Loss of Earnings
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Pre-Injury Net Earnings
Pre-Injury Net Earnings
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Modified Duties
Modified Duties
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WCB Benefits (Modified Duties)
WCB Benefits (Modified Duties)
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Total Modified Duty Earnings
Total Modified Duty Earnings
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Duty to Cooperate
Duty to Cooperate
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Employer and Employee Cooperation
Employer and Employee Cooperation
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What is PIPA?
What is PIPA?
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Who does PIPA apply to?
Who does PIPA apply to?
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What's the main purpose of PIPA?
What's the main purpose of PIPA?
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What types of information does PIPA cover?
What types of information does PIPA cover?
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What rights do individuals have under PIPA?
What rights do individuals have under PIPA?
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What is the difference between PIPA and PIPEDA?
What is the difference between PIPA and PIPEDA?
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How does PIPA impact workplaces?
How does PIPA impact workplaces?
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Is PIPA still in development?
Is PIPA still in development?
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What are some examples of organizations covered by PIPA?
What are some examples of organizations covered by PIPA?
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How does PIPA protect an individual's privacy?
How does PIPA protect an individual's privacy?
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Just Cause for Dismissal
Just Cause for Dismissal
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Near Cause
Near Cause
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What are some examples of grounds that cannot constitute just cause for dismissal?
What are some examples of grounds that cannot constitute just cause for dismissal?
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Sanctions and Just Cause
Sanctions and Just Cause
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What are some examples of misconduct that may be grounds for just cause?
What are some examples of misconduct that may be grounds for just cause?
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Wilful Misconduct
Wilful Misconduct
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Disability Claims
Disability Claims
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Occupational Disease
Occupational Disease
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Mental Stress
Mental Stress
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Causal Relationship (Occupation Disease)
Causal Relationship (Occupation Disease)
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PTSD for First Responders
PTSD for First Responders
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Schedule B (Industrial Diseases)
Schedule B (Industrial Diseases)
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WCB Coverage for Treatment
WCB Coverage for Treatment
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WCB Loss of Earnings
WCB Loss of Earnings
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Employer's Role in Cooperation
Employer's Role in Cooperation
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Employee's Role in Cooperation
Employee's Role in Cooperation
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Consequences of Non-Cooperation
Consequences of Non-Cooperation
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Goal of WCB
Goal of WCB
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Employer Assessments
Employer Assessments
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WCB Registration
WCB Registration
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Industry Classification
Industry Classification
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Effective Claims Management
Effective Claims Management
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Investigating Injuries
Investigating Injuries
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Documenting Claims
Documenting Claims
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Challenging Claims
Challenging Claims
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Return-to-Work Plan
Return-to-Work Plan
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Confidentiality of Medical Files
Confidentiality of Medical Files
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Appealing Decisions
Appealing Decisions
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What is 'reasonable notice'?
What is 'reasonable notice'?
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What are the Bardal Factors?
What are the Bardal Factors?
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What is the continuity of employment?
What is the continuity of employment?
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What are temporary layoffs?
What are temporary layoffs?
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What is the difference between statutory minimum notice and common law reasonable notice?
What is the difference between statutory minimum notice and common law reasonable notice?
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What is privacy of personal information?
What is privacy of personal information?
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What is considered 'personal information'?
What is considered 'personal information'?
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What is the Freedom of Information and Protection of Privacy Act?
What is the Freedom of Information and Protection of Privacy Act?
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What are 'public bodies'?
What are 'public bodies'?
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What is vicarious liability?
What is vicarious liability?
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What is data collection?
What is data collection?
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What is data analysis?
What is data analysis?
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What is data disclosure?
What is data disclosure?
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What is data transfer?
What is data transfer?
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Privacy Concern: Today
Privacy Concern: Today
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Freedom of Information Act
Freedom of Information Act
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Who is covered by PIPA?
Who is covered by PIPA?
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What is PIPA's main purpose?
What is PIPA's main purpose?
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What rights do people have under PIPA?
What rights do people have under PIPA?
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How does PIPA affect workplaces?
How does PIPA affect workplaces?
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Is PIPA still being developed?
Is PIPA still being developed?
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What are some examples of protected personal information?
What are some examples of protected personal information?
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How does PIPA protect someone's privacy?
How does PIPA protect someone's privacy?
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Chief Privacy Officer (CPO)
Chief Privacy Officer (CPO)
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Privacy Policy
Privacy Policy
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Resignation
Resignation
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Notice Period
Notice Period
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Voluntary Resignation
Voluntary Resignation
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Inferred Resignation
Inferred Resignation
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Reasonable Notice
Reasonable Notice
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Statutory Requirement
Statutory Requirement
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Special Circumstances
Special Circumstances
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Common Law
Common Law
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Duty to Mitigate
Duty to Mitigate
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Constructive Dismissal
Constructive Dismissal
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Just Cause (Dismissal)
Just Cause (Dismissal)
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What are some examples of 'near cause' for dismissal?
What are some examples of 'near cause' for dismissal?
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Avoiding Wrongful Dismissal Claims
Avoiding Wrongful Dismissal Claims
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Statutory Minimum Notice
Statutory Minimum Notice
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Common Law Reasonable Notice
Common Law Reasonable Notice
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Bardal Factors
Bardal Factors
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Continuity of Employment
Continuity of Employment
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Temporary Layoff
Temporary Layoff
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Temporary Layoff in Alberta
Temporary Layoff in Alberta
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Temporary Layoff in British Columbia
Temporary Layoff in British Columbia
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Calculating Notice in Alberta
Calculating Notice in Alberta
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Calculating Notice in British Columbia
Calculating Notice in British Columbia
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Study Notes
Workers' Compensation Legislation
- Workers' compensation (WC) acts in Alberta and BC are no-fault insurance schemes for work-related injuries or diseases.
- Employers pay premiums to fund the system.
- In exchange, employers are protected from lawsuits by injured workers.
- Legislation and WC regime are increasingly focused on prevention and preventative measures.
- Workers' compensation pays out regardless of employer or employee negligence.
- Benefits are funded by premiums.
- Workers cannot contribute to WC premiums.
- WC rights cannot be waived.
- Coverage is mandatory for most employers.
- Legislation focuses on early and safe return to work (RTW).
- Vocational rehabilitation is provided for employees unable to return to their original jobs.
- WC boards administer the system (e.g., WorkSafeBC and WCB Alberta).
- Most industries are covered.
- Some industries may apply for coverage. Examples include: financial institutions, recreational and social clubs, broadcasting stations, and law firms.
- The agriculture exemption is eliminated in Alberta.
- Workers not covered include independent contractors, sole proprietors, and executive officers.
WCB Benefit Eligibility
- Benefits must arise out of and in the course of employment.
- Injuries need not be directly from job performance, but should be reasonably incidental.
- Injuries due to willful misconduct are often not covered. Examples include: criminal acts, intoxication, intentional self-inflicted injuries, fighting when the issue is personal, horseplay (a serious deviation from employment duties), or activities not related to employment duties.
- Disability claims (e.g., gradual onset, pre-existing conditions) and occupational diseases should have a clear causal connection to work or work conditions.
- Mental stress or disorders and chronic pain are covered if work-related events are the predominant cause, events are excessive or unusual, and there is objective confirmation from medical professionals.
Disability Claims
- The onus is on the worker to show causal relationship with work, except for first responders (PTSD), specific cancers, and heart attacks for firefighters.
- Special industrial diseases arising from specific industries are listed for coverage.
- If a worker contracts a listed disease, the presumption that the disease resulted from employment is rebuttable (able to be challenged).
Benefits Covered
- Lost earnings on the day of the injury are covered by the employer.
- Health care costs are covered.
- Types of Disability covered: Temporary Partial Disability, Permanent Total Disability (payable for life), and Temporary Total Disability (periodic payments equal to the employee's pre-injury earnings with payments ceasing after recovery).
Permanent Partial Disability/Disfigurement
- Payable for life.
Vocational Rehabilitation
- Workers may rejoin the workforce in a different capacity.
- Retraining is often required and financed by WCB.
Death and Survivor Benefits
- A surviving spouse may receive a lump-sum payment based on factors like the deceased's earnings, number of dependent children, CPP entitlements, and spouse's incapacitation.
Case Study: Robert
- Robert is a 38-year-old head auto mechanic at Otto's Body Shop.
- Robert earns $1000 net per week.
- Robert tore a ligament in his hand at the start of his shift.
- Otto's pays Robert's full wages and benefits.
- Robert's therapy and treatments are covered 100% by WCB.
- WCB compensates for lost earnings based on 90% of his pre-injury earnings.
Duty to Cooperate
- The goal of WCB is returning workers to their pre-accident employers where possible.
- Employers and employees must keep in contact.
- Medical information relating to functional abilities should be disclosed.
- Necessary accommodations must be made to facilitate an early return to work.
- Failure to cooperate may lead to the suspension of benefits.
Funding the WC System
- Employers pay the full cost of the system via premiums.
- Employers cannot recover any part of their premiums from workers.
- Employers must register with WCB.
- Employers must provide information to WCB for classification and to determine appropriate insurance rates (industry type and potential hazards).
- Certificates of recognition (COR) are available to employers in both provinces.
- Alberta's Partnerships in Injury Reduction (PIR) and BC's Partnerships in Injury & Disability Prevention Program are initiatives to reduce injury claims.
Effective Claims Management
- Effective procedures must be established to investigate injuries.
- Accident reports initiate claims processes.
- All claims, no matter how minor, must be documented.
- Justifiable claims are compensated promptly.
- Only truly doubtful claims are challenged, but protests must begin immediately.
- Notes on communications with WCB are maintained.
- A return-to-work plan must be established and accommodations must be made.
- Employees' physicians should not be contacted.
- Medical files are kept confidential and separate from personnel files.
Appeals
- Workers, dependents, or employers who disagree with a decision can request a review.
- BC time limit for appeals is 90 days.
- WCB Appeals Commissions are independent of WC Boards.
Privacy Inside and Outside the Workplace
- Privacy of personal information is a relatively new issue.
- In the past, compiling records proved challenging for protecting privacy, but today information can be easily analyzed, transferred, and manipulated.
- Employers are often vicariously liable for privacy invasions done by their employees.
- Federal legislation (PIPEDA) outlines how organizations collect, use, and disclose personal information.
- Personal information includes details like age, sex, religion, ethnicity, opinions, photographs, ID numbers, addresses, email addresses, web browsing history, purchasing and spending habits, income, credit records, actions' disciplinary records, employee files, pay, benefit records, and blood type and medical records.
Freedom of Information and Protection of Privacy Act
- Individuals can request access to information held by public bodies (e.g., departments, branches, offices of the government, agencies, boards, commissions, corporations, educational bodies, health care bodies, local government bodies, and self-governing professions).
- Public bodies must provide a framework for collecting, using, and disclosing personal information.
- Access to records is balanced with the need to protect privacy.
- Individuals can ask to correct or review personal information held by the governments and dispute if information is inappropriately collected, used, or disclosed.
PIPEDA: Who's Covered?
- The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to private sector organizations.
- PIPEDA also applies to personal information collected, used, disclosed, and retained about employees, customers, in federally regulated industries.
- Alberta, BC, and other Canadian province have passed similar legislation for provincially regulated industries.
- Alberta's PIPA, which was struck down in 2013 by the Supreme Court of Canada, has since been amended.
PIPEDA: Some Recent Amendments
- The Federal Digital Privacy Act was proclaimed with changes to PIPEDA.
- Organizations must report and record breaches of security when risk of significant harm exists.
- The definition of "personal information" is broadened to include applicants.
- Business contact information is exempt from PIPEDA when used solely for business purposes.
- Permission to disclose personal information without consent is broadened in cases involving illegality, fraud, and financial abuse.
- Privacy Commissioners can create compliance agreements.
Privacy: 10 Principles
- Principles for data security and use in organizations in relation to personal information.
- Includes Principles like accountability, identifying the purpose of data collection, individual consent prior to collection, limiting data collection, use, disclosure, and retention, ensuring accurate information, implementing security safeguards, being open with policies and procedures, providing individuals access to information, and establishing recourse for privacy issues.
Personal Information Protection Act (PIPA)
- British Columbia enacted legislation, called PIPA, comparable to PIPEDA, for provincially regulated industries.
- Includes workplace rules for employee personal information.
- Alberta also enacted comparable legislation called PIPA for provincially regulated industries, including workplace rules for personal employee information.
- Amended 2005, 2009, 2010, and 2014 and undergoing review.
PIPA: Who's Covered?
- PIPA applies to a wide variety of organizations in the private sector, including non-profit organizations, trade unions, private schools, partnerships, corporations, unincorporated associations, professional regulatory associations, individuals acting in a commercial capacity, and individuals acting on behalf of a corporation, unincorporated association, trade union, or partnership.
PIPA: Principles
- PIPA governs the collection, use, and disclosure of personal information in the private sector.
- Recognizes individual rights over personal information.
- Includes rules for reasonable purposes in collecting, using, and disclosing information, and includes commercial transactions and activities in the private sector.
- Also covers personal information about employees.
PIPA: Principles (cont'd)
- PIPA allows individuals to access their information and to request correction of incorrect information.
- Individuals may complain to the commissioner if their privacy was violated.
- The commissioner hears privacy complaints and reviews decisions that might violate individual access to information or refuse to correct information.
Privacy: Steps to Compliance
- Appoint a Chief Privacy Officer.
- Assess data collection, storage, and use.
- Develop policies and procedures to meet privacy requirements.
- Train staff on privacy requirements.
- Monitor effectiveness of policy and procedures.
Resignation and Retirement
- Resignation should be formally accepted by employers with a letter to confirm.
- Voluntary resignation is when an employee chooses to resign versus being dismissed.
- Resignation may be inferred from intent, unequivocal, and non-impulsive conduct.
- Employers need to carefully document the termination of older employees/workers to avoid age discrimination claims.
- Employers should be aware of the potential for liability if they assume that an older employee will retire.
- Early retirement incentives are okay but should be presented neutrally by an unbiased person, not the employee's boss.
Dismissal Without Cause
- If no "just cause" for dismissal, the employer must provide reasonable notice or pay in lieu of notice.
- The minimum requirements for notice/termination are set by ESC (Alberta)' and ESA (BC).
- Notice periods will vary depending on the employee's length of service and some exemptions apply.
- Notice/pay is not required for temporary layoffs.
- Once a notice period is established, terms and conditions of employment cannot be changed.
Minimum Statutory Requirements: Notice/Pay
- Alberta employees are entitled to notice of termination or payment in lieu of notice if they have more than three months of employment.
- BC employees are entitled to notice of termination or compensation for length of service if they have more than three months of employment.
- Employers can provide notice, payment, or a combination of both.
- Pay or notice is not required for temporary layoffs.
- After notice is given, employment terms and conditions cannot be changed.
Minimum Statutory Requirements: Mass Terminations
- Alberta ESC employer who terminates 50 or more employees at one location within a four-week period must notify the minister at least four weeks in advance.
- BC ESA employer terminating 50 or more employees within two months must provide appropriate notice.
- Notice periods are established in accordance with employee count (e.g., 8 weeks for 50-100 employees).
Minimum Statutory Requirements: Exceptions to Notice Requirements
- List of exceptions to notice requirements (e.g., probationary employee, term or task employee, temporary layoff, just cause, refusal of reasonable alternative work, return after recall, strikes or lockouts, casual employees, frustration of contract, seasonal work, employee quits).
Wrongful Dismissal
- An employee can claim wrongful dismissal if the employer lacked just cause and did not offer sufficient notice or pay instead.
- Meeting statutory requirements does not guarantee that a dismissal is not wrongful.
- Employees have two years to file a wrongful dismissal claim in court.
- Court processes (e.g., Small Claims Court, Court of Queen's Bench, BC Supreme Court) depend on the amount claimed.
Reasonable Notice Damages: Basic Entitlements
- Basic entitlements are based on the contract, terms, and conditions at the time of dismissal.
- Includes salary, benefits, company vehicles, insurance, bonuses, stock options, and pension entitlements.
Wrongful Dismissal: Other Types of Damages
- Types of damages in a wrongful dismissal case (e.g., reasonable notice, moral damages, punitive damages).
Bad Faith Dismissal
- An employer's actions that are dishonest, misleading, insensitive, or humiliating can constitute bad faith dismissal (e.g., false allegations of just cause or incompetence, harming the employee’s reputation, harassment, dismissal because of disability, dismissal as reprisal).
Duty to Mitigate
- Employees have a duty (under common law) to mitigate their losses—that is, to try to find comparable work.
- The onus is on the employer to prove failure to mitigate losses by showing available comparable jobs and a lack of effort by the employee.
Constructive Dismissal
- Employer makes a fundamental or unfavorable change to the contract without providing reasonable notice or explaining the consequences of rejecting the change.
- Employer’s actions imply termination (e.g., significant change in duties, geographic relocation, hours or scheduling changes, layoffs, hostile work environment).
- If conditions are sufficiently substantial, employees may resign in response.
- The employee is entitled to claim damages if a reasonable person would deem the employer's actions, and subsequent changes, to the employment contract unreasonable and unfair.
Avoiding Wrongful Dismissal Claims
- Steps employers can take to prevent wrongful dismissal claims (e.g., careful hiring and accurate records).
Dismissal With Cause
- Just cause—an employee's serious breach of contract (e.g., criminal activity, serious misconduct, dishonesty, violation of contract).
- Near cause—misconduct or incompetence that falls short of fundamental breach.
- Sanctions must be proportional to the misconduct.
- Procedural fairness improves employer case. The investigator must be impartial and allow employees to respond to allegations or accusations promptly.
Grounds That Cannot Constitute Just Cause
- An employer may not dismiss an employee for asserting their statutory rights
- Cannot dismiss an employee for human rights violations, employment standards (pregnancy and parental leave), occupational health and safety (work-related injuries and refusing unsafe work), or other related causes (absence from the workplace or other work-related causes).
- Cannot dismiss for rights under the Pay Equity Act, union-related activity, or other specified statutory rights.
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Test your knowledge on the various benefits provided under Workers' Compensation. This quiz covers topics such as lost earnings, vocational rehabilitation requirements, and the specifics of permanent total disability. Challenge yourself with questions designed to enhance your understanding of workers' rights and benefits.
