Incident: Maung was terminated after raising concerns about workplace bullying and harassment.
Complaint: Maung claimed his dismissal was retaliatory, violating section 48 of the Workers Compensation Act (WCA).
Key Events:
Employment Incident: Maung reported his supervisor for theft and later for assault. Following an investigation, both Maung and the supervisor were disciplined.
Termination: On April 5, 2018, Maung was terminated without cause.
WCB Complaint: Maung filed a prohibited action complaint with the Workers' Compensation Board (WCB), which was dismissed on February 10, 2021. The WCB found the dismissal was due to Maung's failure to follow reporting policies and sending inappropriate emails.
WCAT Appeal: Maung appealed to the Workers' Compensation Appeal Tribunal (WCAT), which upheld the WCB decision on November 15, 2021.
Judicial Review: The Supreme Court of British Columbia dismissed Maung's judicial review petition on July 13, 2022.
Court of Appeal Decision:
Procedural Fairness: The Court found no procedural unfairness in WCAT's actions, including the refusal to admit video recordings and the hearing length.
Substantive Reasonableness: The Court upheld WCAT's decision as not patently unreasonable, supported by evidence, and within WCAT's jurisdiction.
Conclusion:
Appeal Dismissed: The Court of Appeal confirmed WCAT's decision, ruling Maung's dismissal was not retaliatory, and the proceedings were fair and reasonable. The document did not specify any amount for fcosts/award.
