TGC Lawyer Steven Barker

This is a case involving allegations of workplace bullying and harassment.

TGC lawyer Steven Barker, on behalf of the employer, successfully defended the employee’s claim of compensation for mental distress.

At issue in this case was whether a series of emails between the employee and a colleague constituted bullying and harassment. In rendering its decision the Review Division held the following:

I am not satisfied that a reasonable person, in the worker’s situation and with the general characteristics of the worker, would find the events traumatic. In this case, the events reported by the worker did not have the emotional intensity required to rise to the level of the kind of emotionally shocking, traumatic event contemplated by section 135(1) of the Act.


It is important for employees and employers to understand the scope of conduct that can ground a successful claim of compensation for mental distress.

WorkSafeBC-related matters can be challenging. TGC has experience assisting both employees and employers with navigating the WorkSafeBC system. If you are an employee or an employer with questions about WorkSafe BC then you should contact us.