- Stress, mental (chronic)
The employer appealed a 2019 decision allowing Chronic Mental Stress (CMS) benefits to a police officer who claimed workplace harassment and bullying related to incidents from 2016 to 2018.
The employer's appeal was allowed. The worker's initial entitlement to CMS and related LOE benefits was rescinded. The CMS policy exclude entitlement for mental stress caused by employer decisions related to employment functions such as discipline, transfers, or changes in working conditions. The Panel found the worker engaged in a mutual fight with no criminal charges pursued. The investigation was conducted transparently with an outside Crown prosecutor to avoid bias. Allegations that the employer was corrupt or influenced outcomes were unsupported. No evidence of harassment or abusive conduct related to this incident was found. The worker's late submission of overtime chits due to paternity leave led to scrutiny and a request for a duty report. The lack of notes was deemed unacceptable, resulting in low-level discipline applied consistently across officers. The Panel found no evidence of targeting or harassment in this process. The complaint led to a professional standards investigation with some allegations substantiated and others not. The questioning was broad but within investigatory discretion and not intended to intimidate. The Panel found no harassment or abusive conduct by the employer in this investigation. Following the worker's arrest and suspension, restrictions were imposed including supervision and cell phone use limitations, reflecting unique circumstances due to childcare accommodation and prior conduct. The Panel found these restrictions reasonable and not harassing or abusive, though the worker perceived differential treatment. The Panel concluded the worker's mental stress was related to employer actions within the employment function and not compensable under CMS policy.