A small employer must pay a worker $10,000 in general damages for harassment and bullying after the worker suffered two workplace injuries, the New Brunswick Labour and Employment Board has ruled.
“It’s a good lesson on what not to do when you’re an employer with somebody who goes out on workers’ compensation, or on any form of disability leave, and comes back to work with some restrictions,” says Jessica Bungay, an employment lawyer and partner at Cox and Palmer in Fredericton.
“I know a lot of smaller employers find it challenging to deal with medical restrictions and absences, but being a small business doesn’t alleviate you from the duty to accommodate and the obligation not to discriminate against people on the basis of disabilities.”
