You can file a complaint with the corresponding administrative agency. For example, if the reprisal is connected to a human rights complaint, then the claim for reprisal would be governed by human rights legislation, such as the Ontario Human Rights Code. In Ontario, the statutes that prohibit reprisal each provide their own complaint process.
Each administrative agency will have its own process, but generally an application/complaint is in writing and would present your version of events, with all the facts you are relying on. In terms of filing the complaint, nowadays most complaints can be filed online, or physically via mail.
In contrast to traditional civil litigation, many reprisal complaints can be heard on a faster timeline. This can make a reprisal complaint a valuable recourse to employees who think they have suffered reprisal at the hands of their employers. It can also make employers be more wary about reprisal, as the consequences could be felt sooner than in a traditional lawsuit.
In a court action, reprisal can also form the basis of a bad faith claim. For instance, in a wrongful dismissal action, you could seek damages for wrongful dismissal and additional compensation if you can show that the reprisal constituted a breach of the employer’s duty to act in good faith in the manner of dismissal.
