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’m honoured to be the first Fair Practices Commissioner for WorkSafeBC, working independently to ensure fair treatment of workers, employers, and workers’ dependants.

As of September 26, 2023, I will receive submissions via the Submit button below. The Issue Resolution Office will provide me with a summary report and any relevant documents. All materials submitted will be reviewed together by me. Based on this review I will provide recommendations to WorkSafeBC applicable to the complaint.

Allan Seckel

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

Allan Seckel, KC, has had a career spanning private practice, public service, and the not-for-profit sector, with in-depth experience in both investigations and dispute resolution. From 2003 to 2009 he was the Deputy Attorney General for B.C., and from 2009 to 2011 he was the Cabinet Secretary, Head of Public Service, and Deputy Minister to the Premier of British Columbia.

From 2011 to 2021 Mr. Seckel was the CEO of Doctors of BC, and he is currently Chair of the BC Housing Commission, Chair of Legal Aid BC, and a Board member for TransLink and ICBC. An active community member, he also serves as Board Chair for Covenant House Vancouver.

Mr. Seckel holds a Bachelor of Arts degree with joint honours in economics and commerce from Simon Fraser University; a law degree from the University of Victoria; and a Master of Law degree from Gonville & Caius College at Cambridge University, where he attended as a Commonwealth Scholar. He is the co-author of two legal texts. A member of the Law Society of BC, he was designated a King’s (originally Queen’s) Counsel in 2003. In 2013, he earned the designation ICD.D from the Institute of Corporate Directors.

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.

2023 Annual Report

To see highlights and case numbers for 2023, review the 2023 Annual Report from the Fair Practices Commissioner.