Matheson v. School District No. 53 (Okanagan Similkameen) and Collis, 2009 BCHRT 112
[14] Stress, in itself, is not a disability for the purposes of the Code. In particular, workplace stress resulting from an employer investigating alleged performance problems, or from a problematic relationship with a supervisor, is not alone sufficient to constitute a disability for Code purposes. The stress alleged by Ms. Matheson was reactive to her workplace situation, and she does not say that, at any point, she notified her employer of an ongoing mental health issue.
[15] Despite the respondents’ submissions questioning Ms. Matheson’s allegations of mental disability, Ms. Matheson did not provide any evidence or further information in support of her alleged mental disability in her response to the application.
[16] On the materials before me, I am satisfied that Ms. Matheson has no reasonable prospect of establishing that she had a mental disability which was either known, or should have been known, to the respondents during the course of her employment. Nor does she have a reasonable prospect of establishing that they were under a duty to inquire whether she had a mental disability.
[17] Further, on my review of the entirety of the materials, it is clear that Ms. Matheson’s real concern is based on her belief that Mr. Collis ill-treated her. She alleges that he “micro-managed” and “hounded” her, “thrived on gossip” and “enjoyed making inappropriate comments about” her, and was otherwise unprofessional and unethical in his dealings with her. She refers to having “distrusted” him “immensely”. Mr. Collis denies these allegations, and I make no findings with respect to them.
[18] If Ms. Matheson’s allegations about Mr. Collis’ behaviour are true, they would not provide a basis for a complaint of discrimination contrary to the Code. The Code does not prohibit all bad behaviour, including all bad management behaviour. It prohibits discriminatory behaviour on the grounds prohibited in the Code. Here, Ms. Matheson’s allegations, if true, suggest personal harassment and mismanagement, matters potentially grievable under a collective agreement. They do not suggest discrimination on the basis of mental disability, because they do not suggest any connection between the alleged bad behaviour and Ms. Matheson’s mental disability, real or perceived.
[19] For all of these reasons, I am satisfied that Ms. Matheson has no reasonable prospect of establishing that the respondents discriminated against her in employment on the basis of mental disability.
IV conclusion
[20] The complaint is dismissed.
**************
You have to have a protected ground first. This person didn’t have that. As always, I encourage you to read the case in full.
There are other ways to deal with bad bosses. Your school district will have workplace bullying and harassment procedures, and filing a complaint with WorkSafe might be an option. You may also need to be in contact with your union and file a grievance with your union before you even consider a human rights complaint.
School districts jump when WorkSafe is involved. You can submit a mental health injury claim.
From the WorkSafe website:
********
Benefits for an accepted mental health injury claim
If we accept your claim, the type and duration of benefits you receive will depend on the medical and psychological evidence and the nature of the mental health injury.
Benefits may include the following:
- Support for returning to work
- Compensation for lost wages
- The costs of treatment by a doctor, psychologist, or psychiatrist
- The costs of treatment for a mental health program
- The costs of prescription drugs needed to treat the condition
If you are experiencing bullying or harassment
If you are experiencing bullying or harassment in your workplace, please review our bullying and harassment information to see how to report it and learn about your next steps.
*********
Employment issues in school districts can be challenging to navigate; I highly suggest you consult with a lawyer if you are considering filing a human rights complaint. One thing I do want to highlight is that there are laws on whether employees are allowed to record their colleagues or not. There has been a lot of law stating no, and that you could lose your job over this. Some other case law has said depending on the context. The one-person consent rule is very different in an employee context, and I HIGHLY suggest you contact a lawyer if you are considering recording anyone at work. Consulting a lawyer could save your job. There are certain issues that ChatGPT is not going to help you with, and this is one of them. Don’t just do your internet research. This topic is one you need legal advice for. I can’t stress this enough.
There is another very important case related to stress in the workplace and how it needs to meet the legal test of discrimination: this case.
I highly encourage an employee to read this blog regarding employment and stress. You must be negatively impacted in your employment, not your life. There is going to be a lot of unfairness or wrongness that could be happening at work. It doesn’t mean it’s going to meet the legal test of discrimination in an employment situation.
I also suggest you read the blog: Does a Single Comment Violate the Code? It may save you from the experience of navigating a system you don’t need to be.
I have read A LOT of school district employee human rights decisions. Not all work issues are going to be resolved with state intervention via the BC Human Rights Tribunal. This is just one avenue among many. There are a lot of things to consider. When it comes to employment and if you are still working in the district, I don’t suggest this be your automatic knee-jerk reaction go-to. Consult with an employment-human rights lawyer and think about it. I suggest you also read a lot of school district employee human rights decisions. You can look through them all from BC here.