The applicant union sought judicial review of a Grievance Settlement Board decision which held that the Board lacked jurisdiction to award damages for mental stress arising from workplace bullying and harassment.
The Board concluded that the injury would be compensable under the Workplace Safety and Insurance Act, relying on previous tribunal decisions that found the acute mental stress limitation unconstitutional.
The Divisional Court dismissed the application, finding the Board's decision reasonable and declining to consider new arguments regarding the employment function bar and the Occupational Health and Safety Act that were not raised before the Board.
