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Employment Law and Human Rights: Mapping the Overlap with Workers' Comp
Employment law in Canada governs the rights and obligations that define the employer-employee relationship. It covers a wide range of topics, including hiring practices, working conditions, dismissal procedures, and workplace safety. One critical area of employment law is the protection of workers, especially in cases where they are injured or become ill due to work-related incidents.
At the same time, Workers’ Compensation Boards across Canada play an essential role in providing compensation and support to workers who are injured on the job. However, WCB’s role is separate from how employment law and human rights legislation function, which can create an overlap that workers and employers need to understand.
The Role of WCB vs. Employment Law
The primary function of WCB is to offer financial compensation, medical benefits, and rehabilitation services to workers who suffer job-related injuries or illnesses. However, WCB’s role is limited to administering benefits and determining eligibility based on legislation. WCB does not have the authority to regulate or enforce how employers treat their employees, particularly when it comes to workplace disputes or human rights issues. WCB is a neutral administrator and acts within the boundaries of workers’ compensation legislation.
Additionally, WCB often accepts employer statements at face value when it comes to accommodations and job match conversations. While WCB may occasionally send an occupational therapist to assess the situation, they do not adjudicate whether an accommodation meets the legal standards of undue hardship or consider whether it constitutes constructive dismissal. Those disputes are handled by human rights commissions or courts under employment law and human rights legislation.
For example, if an employee is injured at work and files a claim with WCB, the board can ensure they receive wage replacement, medical treatment, and support for recovery. However, WCB cannot adjudicate disputes regarding how an employer manages the employee’s return to work, whether the employer fails to accommodate a disability, or if there is potential discrimination in the workplace. These matters are handled under employment law or human rights legislation, not through WCB.
Employment Law and WCB: Key Areas of Overlap
- Job Protection and Reinstatement : While WCB covers the financial aspects of a workplace injury, employment law ensures that workers cannot be unfairly terminated or penalized for taking time off to recover. For instance, employment standards often protect workers from dismissal while they are on medical leave due to a work injury, even if the injury is being compensated by WCB.
- Accommodation of Disability : Under Canadian employment law, employers have a legal duty to accommodate workers with disabilities, including those returning to work after a WCB-compensated injury. The duty to accommodate, which falls under employment law and human rights law, requires employers to make reasonable changes to an employee’s job or work environment to help them return to work. However, the specifics of how this accommodation occurs are not under WCB’s jurisdiction but are governed by broader employment law and human rights principles.
- Leave Rights : Employment law guarantees various types of leave, including medical leave, for employees who are unable to work due to illness or injury. While WCB may provide financial support during a worker’s absence, it is employment law that protects the employee’s job status during that leave, ensuring they are not penalized for time away due to a work-related injury.
Human Rights and Workplace Discrimination
Human rights law in Canada provides critical protections to employees, particularly in situations involving discrimination or failure to accommodate a disability. WCB does not have legislative authority to govern how employers handle issues of discrimination or workplace accommodations. Instead, these matters are addressed through human rights commissions in each province or territory.
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