Remedies
In response to a prohibited action complaint or a failure to pay wages complaint, we may order an employer or union to comply with one or more of the following remedies.
- Stop the prohibited action
- Reinstate the worker in their job
- Repay any lost wages
- Reinstate the worker’s status as a union member
- Clear the worker’s employment record of all reprimands or disciplinary references
- Reimburse the worker for any reasonable out-of-pocket expenses related to the prohibited action
- Write a reference letter confirming employment of the worker
- Do whatever else is necessary to be in compliance with the Act
Limitations on remedies
We cannot remedy the following through a prohibited action complaint:
- Pain and suffering: We cannot award general damages for emotional trauma.
- Workplace health and safety concerns: The remedies we order must be related to your personal losses, not the health and safety of your workplace. Any underlying health and safety issues are handled separately.
Please note that prohibited action complaints don’t include determining if bullying and harassment took place, but would consider if your employer took negative action against you because you reported bullying and harassment. It is your employer’s responsibility to investigate and determine whether you experienced bullying and harassment.
If you have concerns about health and safety violations, you need to report unsafe working conditions by calling our Prevention Information Line.
Important: Your obligation to look for new employment
If you have been fired, you must make reasonable efforts to find new employment in order to reduce or eliminate any loss.
You should keep written records of your job search efforts, such as:
- Copies of job applications you’ve submitted
- A list of advertisements or job databases you’ve consulted
- Any other documents that support your job search activities
If you do not demonstrate that you’ve made reasonable attempts to reduce your loss by searching for new employment, the amount that WorkSafeBC orders your employer to pay you may be reduced, should your complaint be successful.
