Background: Corinne Pereira challenged the dismissal of her prohibited action complaint by the Workers’ Compensation Appeal Tribunal (WCAT), which she alleged was related to her termination for raising safety concerns at her workplace. The British Columbia Court of Appeal reviewed the case, which stemmed from initial grievances handled through union procedures and subsequent legal appeals.

Legal Issues: The main legal issue revolved around whether the prohibited action complaint, which was settled through union grievance procedures, was appropriately dealt with by these mechanisms, precluding further recourse to WCAT. Pereira contended that the union-settled grievance, which resulted in her termination from employment, did not adequately address the prohibited action as required under the Workers Compensation Act.

Held: The Court of Appeal held that the grievance and the subsequent settlement were sufficient to address the substance of the prohibited action complaint. It was determined that Pereira’s dissatisfaction with the settlement did not render the agreement invalid nor allow her to pursue further claims under the Act. The court upheld the WCAT’s decision, finding it was not patently unreasonable.

Costs: The Court of Appeal awarded costs against Corinne Pereira in favor of Dexterra Group Inc., but did not specify the total amount of the award. No costs were awarded against WCAT.