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Join us on Friday, March 8, 2024 for an online workshop hosted by WorkSafeBC (WCB) where WCB lawyers, Joash Fang, Lindsay Clement and Heather Hettiarachchi will walk FACL members through prohibited action complaints. This workshop follows our latest workshop regarding discrimination on the basis of political belief, and is being hosted in recognition of FACL BC's position condemning hostility and discrimination in British Columbia.
Under the Workers Compensation Act, a worker that reports a health or safety issue to their employer, union or WorkSafeBC, is exercising their legal right or carrying out a duty. This includes reports regarding workplace bullying and harassment. In response, it is illegal for the employer or union to threaten or take a prohibited action against a worker reporting the issue. A prohibited action includes any action by the employer or union that has a negative impact on the workers’ employment or membership in the union. For example, a negative impact includes when the worker is dismissed, demoted or working hours are changed. Workers who have experienced this can file a prohibited action complaint.
We want our members to feel safe at their workplaces including having their voices heard without facing negative consequences on their employment. Our goal with this workshop is to ensure that our members are aware of the support and remedies available to them if they feel they have been penalized after reporting a health or safety issue at their workplace.
This seminar is eligible for 1.5 Continuing Professional Development (CPD) credits. FACL BC thanks WorkSafeBC for making this workshop possible.
Meet our Panelists
Joash Fang joined WorkSafeBC’s Prohibited Action Complaints section in January 2021. He is a first-generation lawyer and a 2015 graduate from the Faculty of Law at the University of Victoria. Prior to joining WorkSafeBC, Joash practiced insurance defense litigation with a downtown Vancouver firm. Joash also previously worked with the BC Public Service, first as an Investigative Analyst with the Office of the Police Complaints Commissioner, conducting oversight into complaints alleging misconduct by municipal police officers, and then as a Legal Counsel with the Attorney General’s office, focusing on policy and legislation reform.
Heather Hettiarachchi is a Legal Adjudicative Officer at WorkSafeBC responsible for adjudicating prohibited action complaints. Previously, Heather practiced workplace law, including providing coaching and training, and workplace investigation and mediation services. In addition to a law degree, Heather has a MSc in HR Management and Training. She also holds CPHR and SHRM-SCP designations in Canada and the US and a QMed designation with ADRIC. Prior to law, Heather was a HR Manager at UBC and Labour Relations Advisor to Vancouver Community College. Heather is an active member of the CBA, and also mentors junior lawyers, law students, and HR professionals.
Lindsay Clement graduated from the University of Ottawa Law School in 2011, after obtaining a B.A. in Criminal Justice from the University of the Fraser Valley in 2007. Ms. Clement began her legal career at a large nursing union, representing union members at various levels of the grievance process, including arbitration. In 2018, Ms. Clement began adjudicating prohibited action complaints under the Workers Compensation Act.
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By attending this event, you agree to abide by the FACL BC Event Code of Conduct.
If you have any questions about the Code of Conduct, please email info@faclbc.ca.
