Workers' Compensation

Employee Not Allowed To Sue Employer For Injuries Resulting From Workplace Harassment

In Ashraf v SNC Lavalin ATP Inc. ("Ashraf") an Alberta judge upheld a master's decision to strike the statement of claim of a worker seeking to sue his employer for injuries resulting from workplace harassment. The Statement of Claim of the Plaintiff was struck on the grounds that the Alberta Worker's Compensation Act bars all rights and causes of action against an employer resulting from injuries which arise as the result of employment – including those related to workplace harassment.

All Canadian provinces have a comparable provision in their respective workers' compensation statutes. In Ontario, section 16 of the Workplace Safety and Insurance Act extinguishes the right of an employee or an employee's family to pursue an action against an employer for injuries arising from employment.