WORKSAFE BC APPROVES WAGE LOSS CLAIM RESULTING FROM HARASSMENT AT HANDS OF CANADA POST SUPERVISOR!
In a decision dated July 5, 2013, WorkSafe BC awarded wage loss compensation to a South Vancouver Delivery Center (SVDC) Letter Carrier in respect to a workplace absence that resulted directly from the harassment that she suffered at the hands of her supervisor, Carmelo Renzullo. As the ninety (90) day appeal period has now expired, the decision is final.
The absence that gave rise to the WCB claim occurred following a series of incidents that commenced in July 2012.
In her complaint to Canada Post’s “Compliance” department, the Complainant alleged that Renzullo had acted in an aggressive and inappropriate manner towards her on various occasions. Among other things, it was alleged that Renzullo had used foul language, addressed her with an aggressive, raised voice in front of co-workers and singled her out in front of her co-workers for her work performance.
It was also alleged that Renzullo twice contacted the Complainant after learning from CUPW representatives that she had filed a complaint against him.
On October 29, 2012, the results of the investigation were released. The report, which was based on interviews of both parties as well as witnesses, confirmed that the complaints of harassment were well-founded.
On November 7, 2012, the Grievor was no longer able to continue working and under her physician’s advice went on medical leave and remained off work until January 6, 2013.
In accordance with Section 4(1) of the Government Employees Compensation Act (“GECA”), the Board found that the Complainant’s claim of injury arose out of the course of her employment.
In reaching its award of compensation, the Board made reference to the internal investigation conducted by Canada Post, which concluded that the allegations of harassment were well-founded:
In correspondence to you from Canada Post, dated October 29, 2012 … details that the results of the investigation of general harassment against her supervisor were “well-founded”. The issue of harassment is considered an unusual stressor in the workplace and was the direct cause of your mental stress.
In reaching its award of compensation, the Board also noted that the Complainant’s claim of injury was corroborated with medical evidence.
In spite of the findings contained in its October 29, 2012 investigation report and in defiance of common sense, Canada Post’s Operations management inexplicably refused to re-assign Renzullo to a different work facility, giving rise to speculation that the tentacles of Canada Post are not connected by tendons, tissue or brain matter.
On November 20, 2012, Karen De Francesco, Local Grievance Officer, accompanied by Kim Evans (current President) and Chris Zukowsky (current Education Director) brought matters to a head at a SVDC floor meeting. During that floor meeting, Sister De Francesco questioned why Renzullo had been allowed to continue working in a position of authority in the same facility as the employee he harassed! Following the meeting, Canada Post went into default mode and sent a threatening letter to the Union. Renzullo reportedly “volunteered” to work in a different work facility.
WorkSafe BC was not established to subsidize the cost of abusive supervisory practices. If you witness harassment, practice what we teach our children. Step up, speak up and put a stop to harassment on the spot. Our right to a safe and harassment-free workplace is worth defending!
In Solidarity,
Ken Mooney – Regional Grievance Officer
November 6, 2013
cope 225