The Divisional Court remitted this matter to the Grievance Settlement Board to determine whether the employment function exclusion under the Workplace Safety and Insurance Act applied to the grievor's mental stress injury.
The grievor suffered mental stress due to the employer's negligent delay in addressing a poisoned work environment after a co-worker assaulted him off-duty.
The arbitrator reviewed WSIAT jurisprudence and concluded that the employer's negligent conduct fell within the employment function exclusion, as it did not rise to the level of violence, threats, or egregious conduct.
Consequently, the grievor was not entitled to WSIA benefits, giving the Board jurisdiction to award monetary damages under the collective agreement.
