Fair Practices Commissioner for WorkSafeBC

The Fair Practices Commissioner gives you the opportunity to be heard if your complaint hasn’t been resolved through a manager or the Issue Resolution Office at WorkSafeBC.

I am honoured to serve as WorkSafeBC’s Fair Practices Commissioner. As Commissioner, I review complaints from people who believe they have been treated unfairly in the process and whose concerns were not resolved through WorkSafeBC’s Issue Resolution Office. Submissions to me can be made using the Submit button below.

Based on my review, I may make recommendations to WorkSafeBC where appropriate. My role is not to reconsider the merits of individual decisions, but to assess concerns related to fairness in process, practice, and conduct.

Independence, impartiality, and fairness are central to the work of this office. I am committed to carrying out these responsibilities in a manner that is respectful, thorough, and consistent with the mandate of the Commissioner.

Simmi K. Sandhu
Fair Practices Commissioner

What can I do?

  • Investigate complaints of alleged unfairness by WorkSafeBC from workers, employers, and workers’ dependants. Typical categories of unfairness include:
    1. Delay
      Was there an unreasonable delay in taking action, making a decision or returning calls?
    2. Communication
      Was the decision or action communicated clearly, were reasons given and were next steps or options explained?
    3. Behaviour
      Was the service unbiased, objective and courteous, with mistakes acknowledged and apologies offered when appropriate?
    4. Decision-making process
      Was a policy or guideline in place and applied consistently regarding the matter so that the person affected by the decision or action was given an opportunity to respond?
  • Recommend to WorkSafeBC how to resolve these complaints
  • Recommend to WorkSafeBC how to address systemic problems with the fairness of WorkSafeBC’s practices as indicated by these complaints
  • Recommend to WorkSafeBC how to address the systemic problems with the fairness of the application of policies of the Board of Directors, or practices and procedures of WorkSafeBC

What can I not do?

Comment or make recommendations on:

  • The merits of compensation, assessment, or prevention decisions
  • The merits of review or appeal decisions
  • Any matter with a court or other external tribunal
  • The setting or revision of policy
  • Any matter for which the Board of Directors is responsible under section 320 of the Workers Compensation Act

When can I review a complaint?

My role is to provide an independent review of complaints for workers, employers, and workers’ dependants relating to the issues defined above.

Please ensure that your complaint has been reviewed by the Issue Resolution Office at WorkSafeBC before you submit it to the Fair Practices Commissioner.

You must make your complaint to the Fair Practices Commissioner no later than 6 months from the date you were told the result of your original complaint to the Issue Resolution Office (formerly the Fair Practices Office). An exception to this rule is you can make a complaint to the Fair Practices Commissioner, if between November 24, 2022 and September 26, 2023, you were told the result of your original complaint to the Issue Resolution Office and you make that complaint to the Fair Practices Commissioner by March 26, 2024.

Submit your complaint to the Fair Practices Commissioner

We do not provide in-person, telephone, or email services. Please ensure to submit all relevant information you would like me to consider for review when you submit your complaint. Be as specific as possible in describing your complaint. Alternately, you may submit additional information to me by mail. The mailing address can be found at the bottom of the webpage once you click on the Submit button below.

Please use the following form to submit your complaint.

Biography

Simmi K. Sandhu has held senior leadership and adjudicative roles across British Columbia’s administrative justice system as well as federal and international tribunals. Currently, she is a Judge on the United Nations Appeals Tribunal (UNAT), having been appointed by the United Nations General Assembly in 2018, and served as President of UNAT in 2023. She also serves as a Judge on the Asian Development Bank Administrative Tribunal and Vice Chair of the Health Professions Discipline Tribunal of B.C. assisting the Tribunal in creating its new processes.

Previously, she served as Chair of the Civil Resolution Tribunal and Chair & CEO of the Property Assessment Appeal Board, as well as Vice Chair of the Board and the Surface Rights Board of B.C. She has been deeply engaged in the administrative justice community through her work with the BC Council of Administrative Tribunals (BCCAT), serving as its President, Secretary, and Director, and teaching adjudicators on administrative law, hearing skills, decision writing, and cultural competency. In 2014, BCCAT awarded her with its Award for Exceptional Service to the Administrative Justice Community.

Simmi graduated from the University of B.C.’s law school in 1989 and was called to the Bar of B.C. as a lawyer in 1990.

She brings extensive experience in administrative law, adjudication, dispute resolution, and public sector governance, with a strong commitment to independence, administrative justice, and fairness.

Confidentiality

The Fair Practices Commissioner adheres to the confidentiality provisions outlined in the Workers Compensation Act, and the requirements of the Freedom of Information and Protection of Privacy Act.

Independence

The Fair Practices Commissioner is appointed directly by WorkSafeBC’s Board of Directors. This legislated reporting structure enhances independence from WorkSafeBC.

Legislation

The Fair Practices Commissioner is appointed by WorkSafeBC’s Board of Directors for a renewable three-year term. The Commissioner’s authority is defined by an amendment to the Workers Compensation Act that received Royal Assent on November 23, 2022, and came into force on May 1, 2023.

Annual Reports

To see highlights and case numbers for previous years, review the annual reports from the Fair Practices Commissioner.