By: Stephanie McDonald and Ravi Bhaduri
Workplace reprisal, often called retaliation, occurs when an employer terminates or penalizes an employee, or threatens to do so for asserting their legal rights.
Employees in Ontario have reprisal protections under most statutes including:
- The Ontario Employment Standard’s Act, 2000 (ESA) pursuant to Section 74(1)
- The Ontario Human Rights Code pursuant to Section 8
- The Ontario Occupational Health and Safety Act pursuant to Section 50(1)
What is a Reprisal?
In simple terms, a reprisal is an employer punishing an employee for asserting their rights under the above-noted statutes. Asserting your rights includes things like:
- Filing a complaint about unpaid wages, overtime, or vacation pay
- Filing a human rights complaint or otherwise asserting these rights at work
- Reporting a health and safety hazard or refusing unsafe work
- Complaining about workplace harassment or discrimination based on protected grounds (e.g., age, gender, race, disability)
- Participating in a workplace investigation or judicial proceeding
Some extreme examples of reprisal are terminations or demotions. Other common examples, include, reduced hours, negative performance reviews, exclusion from meetings, and general intimidation.
Why Does It Matter?
Protections against reprisal are crucial for maintaining fairness and safety in the workplace. They empower individuals to speak up about wrongdoing and assert basic entitlements without risking their livelihood. The law aims to address harm and prevent future occurrences, ensuring a respectful and safe environment for everyone.
What Can You Do?
If you believe you have faced reprisal, document everything thoroughly. Keep any communications regarding the issue in writing. This paper trail is vital evidence. Additionally, you may also speak with an employment lawyer, or file a complaint. Ultimately, employees have the right to a fair workplace, and to speak up without fear. Staying informed and seeking professional advice are crucial steps to protecting your rights. Book a consultation today.
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Learn more about employment law through the articles below:
- Termination of Employment in Ontario: Your Legal Guide for Provincial and Federal Employees
- Ontario Severance Packages: Why You Should Almost Never Accept the First Offer
- Fired After Medical Leave in Ontario? Know Your Severance Rights
DISCLAIMER: This article/blog is provided for educational/informational purposes only. The views expressed are solely those of the author(s) and should not be attributed to any other party not listed as the author(s).
While reasonable efforts have been made to ensure the accuracy of the content provided, it does not constitute legal advice. Prior to relying on any aspect of this article, you should consult with a suitably qualified legal professional promptly in your relevant jurisdiction, to obtain advice tailored to your individual circumstances
Nothing in this article should be interpreted as forming a solicitor-client relationship or construed as a solicitation for legal services.
