REPRISALS FOR EMPLOYERS

Reprisal is when you discipline, intimidate, coerce, or dismiss an employee in response to the employee complaining about their rights, or trying to enforce their rights.

Reprisal can take the following forms:

• Scheduling an employee for fewer shifts following their complaint
• Dismissing an employee for filing a complaint
• Disciplining an employee for refusing unsafe work; and
• Refusing to schedule an employee who requested an accommodation

Employee rights relating to human rights, workplace health and safety, and employment standards, are protected from reprisal.

This means that you cannot penalize employees when they raise their concerns, or complain about, issues relating to these types of matters.

Several statutes provide prohibitions against reprisal. In Ontario, these are:

• The Human Rights Code
• The Occupational Health and Safety Act; and
• The Employment Standards Act

Across Canada, each jurisdiction has its own statutes, but the protections and frameworks are largely the same. Each statute provides its own framework for addressing reprisal as well as the remedies employees are entitled to, but generally speaking, the concept is the same and the remedies tend to be very similar.

You will be notified of the complaint and will have an opportunity to provide your version of events. Some processes provide for mediation, and many proceed to a hearing if no resolution is reached prior.

Administrative tribunals have the authority to order several remedies, including:

• Reinstating the employee if they were dismissed
• Compensation for lost wages on account of the reprisal
• Compensation for loss of future employment
• Punitive damages
• Non-monetary remedies such as changing workplace policies and procedures, and undergoing training to prevent future reprisal; and
• Correcting/issuing employee records/documents

We can help you understand your rights and obligations regarding reprisal. We can also represent you in the event of a claim against you. Remember, the information provided here is a simplified summary, and it’s essential to consult with legal professionals for specific advice related to your situation.