Mediating Discriminatory Action Complaints under the Workers Compensation Act
This webinar is about mediating WorkSafeBC discriminatory action complaints and will provide an overview for experienced mediators who wish to build their capacity to conduct these mediations.
Part 1: Discriminatory Action Complaints in Context
When: Oct. 27th, 2016, 4:30PM - 6PM PST
Presenter: Shelly Chrest, Anita Vergis
Participants will gain an understanding of
- The History of Discriminatory Action Complaints
- Overview of the Governing Legislation and WorkSafeBC processes, including recent changes resulting from the 2014 Macatee report
- Overview of the Mediate BC process for discriminatory action complaints
- The key principles underlying discriminatory action complaints, including the prima facie case and other tests and the taint principle
- Remedies under the Act
- Seminal Case Law
Part 2: Practical Implications for Mediations
Oct. 28, 2016, 4:30PM - 6:00PM
Shelly Chrest, Anita Vergis
Participants will gain an understanding of:
- How to navigate the WorkSafeBC discriminatory action file
- Best practices, tips, tools, and red flags, including ethical considerations such as dealing with unrepresented parties
- Key provisions in discriminatory action settlements agreements
- The impact of other compensation such as EI, private benefit plans, workers' compensation awards
- Issues around requests for releases of other actions
- Confidentiality issues
- Concluding settlements
- Perspective of Employers Advisors Office and Workers' Advisors Office on best practices for mediations
Who Should Attend:
This webinar is designed for experienced mediators who wish to conduct discriminatory action mediations
Mediate BC: 3.0 hours of CPD
LSBC: 3.0 hours of CPD
Please note the follow regarding entry to the Mediate BC discriminatory action mediator roster:
- Completion of both parts of this webinar will be a mandatory requirement for all mediators on this roster
- Openings on this roster are determined by the volume and location of mediations. Mediate BC cannot predict when intake to this roster will occur nor in which regions.
- Any future opportunities to apply for this roster will be circulated to all Mediate BC civil roster mediators as they occur.
Roster Mediators - Part 1 & Part 2 ($220 + GST) :
General: Part 1 & Part 2 ($220 + GST)
Call 604-684-1300 X 104 or email firstname.lastname@example.org
for more information
About the Presenter:
is a mediator on the Mediate BC Roster and lawyer who has been involved with discriminatory action complaints since 2007 when she was working as Law & Policy Adviser with the Workers' Advisors Office (the "WAO"), Ministry of Labor. As part of her role at WAO, Shelley was the discriminatory action lead for the Branch and was involved with staff training and liaison with WorkSafeBC, including providing input into policy around occupational health and safety issues such as bullying, harassment and refusal of unsafe work. While at WAO, Shelley also represented workers at discriminatory action mediations. In 2013, after leaving WAO, Shelley began mediating discriminatory action complaints on a contract basis. Shelley also has extensive experience in resolving other workplace disputes in the area of human rights and employment standards.
is a mediator, arbitrator, adjudicator and lawyer. Anita has conducted over 2000 mediations in various areas such as personal injury, employment, estate, child protection and discriminatory action complaints. Anita has mediated discriminatory action complaints under the Workers' Compensation Act since 2006. In addition, she has taught the best practices in mediation courses to Workers' Advisors and Employers' Advisors throughout British Columbia. Anita is a mediator on the Mediate BC Civil Roster.