In May 2017, a female police officer was sexually assaulted by a higher-ranking male officer while attending a retirement party. In a decision dated March 31, 2021, the WSIB Appeals Resolution Officer denied entitlement for her mental stress injury, because she found that the incident did not arise out of an in the course of the officer’s employment.
In a Decision dated December 19, 2023, the WSIAT Panel disagreed with that analysis, applying a broad/inclusive approach to the consideration of work-relatedness defined in WSIB OPM Document 15-02-02.
The Panel found it was appropriate to focus on the activity of the worker, and consider broadly the circumstances in which the incident occurred. Furthermore, the fact that the perpetrator was investigated and found to have engaged in discreditable conduct under the Police Services Act and the employer’s internal policies and directives, and then disciplined by the employer, supports a nexus to employment.
The journey to get here was not easy for this client, but her strength and perseverance has led not only to the recognition that her injury was work-related, but has created an important precedent for other victims of workplace sexual harassment or assault.
You can read her story here: Decision No. 790/23