Background: J.T., a security guard employed by Scarlet West Coast Security Ltd. at a remote mining camp, claimed he was subjected to bullying and harassment, leading to a mental disorder. He was terminated without cause on March 13, 2019. J.T. made a claim to the Workers’ Compensation Board (WCB), which was denied. He sought review by the Review Division, which upheld the denial. J.T. then appealed to WCAT, which also denied his claim. He sought judicial review of WCAT’s decision.

Legal Arguments/Issues: J.T. argued that WCAT's reliance on an incomplete psychological assessment was patently unreasonable. He claimed procedural unfairness due to WCAT not obtaining a comprehensive assessment considering all reported incidents. WCAT’s exclusion of workplace incidents as non-traumatic and under the labor relations exclusion was also contested.

Held: The court set aside the WCAT decision and remitted the matter for a new hearing. It ordered that J.T. receive a psychological assessment including all reported incidents.

Costs/Awards: The court provided both parties an opportunity to make submissions on costs in a 45-minute hearing.