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Is there a Fairness Issue ?

The Commission relies on these four benchmarks to help decide if your complaint raises a fairness issue the Commission can look into.

1. Delay

Was there an unreasonable delay in taking action or in making a decision? Was the affected party informed of the delay and the reasons for it? Was correspondence answered or were calls returned in a timely fashion?

2. Communication

Was the decision or action communicated clearly? Were reasons provided to those affected? Did staff explain what the decision was based on? Were next steps or options explained?

3. Behaviour

Was the staff unbiased and objective when reviewing information? Was the staff courteous and professional? Were mistakes acknowledged and apologies offered?

4. Decision-making process

Did the person affected by the decision or action know it would happen? Did the person have input or an opportunity to correct or respond to information? Was relevant information overlooked? Is there a policy or guideline related to the matter? If so, was it applied in a manner consistent with how it was applied in similar matters?

Possible Outcomes

In resolving fairness issues in individual cases, the Commission may suggest that the WSIB:

  • Put it right—take action on a delay or correct an omission or oversight.
  • Give further reasons for a decision.
  • Offer an apology.
  • Develop a procedure or protocol.
  • Review service standards.
  • Consider further staff training.


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