WCB benefits for seasonal workers discriminatory

Territory had different ways of calculating income for seasonal workers from permanent workers
|Canadian Employment Law Today|Last Updated: 04/16/2014

A seasonal worker is entitled to have employment insurance (EI) benefits from another province calculated as part of his workers’ compensation benefits, the Northwest Territories Court of Appeal has ruled.

Philip Mercer was from Newfoundland and Labrador but worked in the Northwest Territories as a transport truck driver for six months each year. When his seasonal work was done each year, he returned to his home province. If he couldn’t find additional work at home, he collected EI benefits.

On Feb. 18, 2001, Mercer broke his hip while on the job in the Northwest Territories and required surgery. He successfully applied for total temporary disability benefits from the Northwest Territories workers’ compensation board (WCB).