‘You could be walking into a human rights issue by ignoring the big picture’: employment lawyer explains common mistakes
When an employee alleges workplace bullying, every company policy handbook across the country says the employer must investigate. But as a recent B.C. Labour Relations Board (BCLRB) decision makes clear, a closed file doesn’t always mean the end of the story.
The decision, Farren Wilson, 2026 BCLRB 107, saw a longtime public servant seeking justice for harassment he says he suffered at the hands of a coworker who eventually became his supervisor.
As detailed in the decision, the employer in the case, the B.C. Ministry of Transportation and Infrastructure, conducted five investigations into the alleged harassment during the worker’s more than 10 years of employment.
However, the employee was “not satisfied” with how the ministry handled the findings, leading to more legal proceedings and the permanent end to his employment.
The investigation trap
Each investigation cycle in the Wilson case added more documentation and process, without resolving the underlying relationship: a WorkSafeBC mental disorder claim, permanent workplace restrictions, long-term disability, a failed return-to-work placement and severance.
One of the most consequential moments in the case came when WorkSafeBC issued a permanent restriction preventing the employee from interacting with his supervisor. The employer treated that restriction as the final word.
As Fred Wynne, employment lawyer at Tevlin Gleadle Curtis in Vancouver, explains, this is a common misstep he sees among employers who think a completed investigation means the problem is solved.
When it comes to harassment and discrimination claims, he adds, relying on third-party bodies to define accommodation obligations is one of the costliest mistakes he sees.
You can't just give that authority or rely totally on one of these other bodies, Wynne says.
"WorkSafeBC and disability insurance providers are making assessments on their coverage, not on real life... You still need to talk to their doctor – and you could be walking into a human rights issue by ignoring the big picture."
Repeated human rights claims: the essential human piece
According to Wynne, a big part of why employees continue to pursue claims even after they’re concluded is because they feel they haven’t been listened to. In his view, the most underused tool in an employer's kit costs nothing: empathy.
Although what’s often missing is simply acknowledgement in the form of a genuine human conversation after a complaint closes, many employers hesitate for fear of saying too much and stepping into liability.
"If you approach it very minimally and say, ‘Case closed, complaint unsubstantiated, everything's confidential, no one speaks of it again’ – you're probably setting yourself up for someone to be aggrieved by that, because that is not going to give closure to the employee,” Wynne explains.
Third-party investigation reports can add to the sting, he adds, when information can be minimal with little recognition of the human who made the complaint: “That also makes the person feel that everything's being swept under the rug.”
B.C. Apology Act means employers can apologize
However, Wynne explains that there is legislation custom made for that reason; BC's Apology Act allows employers to express regret without creating legal risk, and there is equal legislation in every jurisdiction in Canada except the Yukon.
But when the suggestion is for employers to enact a policy to address an employee’s complaint, Wynne says the suggestion is almost always met with resistance – reservations he understands, but which are unfounded when it is done carefully.
“You don't want to walk yourself into exposure. You don't want to be saying that you did things wrong. But people get too scared and fall way too short of that,” he says.
“I get pushback almost every time I suggest it, because they think, ‘We didn't do anything wrong.’ Well, it's not about that. It's about how do you engage with the person meaningfully to make them feel heard?”
