Is Worker’s Compensation a Complete Bar to Other Remedies in the Case of Workplace Violence?
In Charlton v. Ontario (Ministry of Community Safety and Correctional Services) (2007), 162 L.A.C. (4th) 71 (OPSGB), the question of whether or not workers’ compensation is a complete bar to other remedies was addressed. This case represents an exception to the general rule that entitlement to benefits is in lieu of all rights of action (statutory or otherwise). In this case, the Grievor was a black woman of African descent working as an Operations Manager at the Toronto jail. She received anonymous hate mail at her personal residence, which threatened physical violence. The Grievor was severely traumatized by this letter. She took a medical leave of absence and began collecting WSIB benefits for mental stress. The Grievor brought a grievance before the Ontario Public Grievance Settlement Board (the Board) for loss of income, damages for mental distress and requesting reinstatement to a comparable position. When it came to the question of whether or not WSIB benefits acted as a bar to
