Reprisal and Retaliation at Work in Ontario
Employees sometimes fear that asking about overtime, raising a safety concern or making a human rights complaint will cost them their job or their hours. Ontario law prohibits that kind of punishment, which is called reprisal.
- Three main laws prohibit reprisal: the Employment Standards Act (ESA), the Occupational Health and Safety Act (OHSA) and the Human Rights Code.
- Reprisal can mean firing, demotion, cut hours, threats, a worse schedule or being frozen out.
- The complaint route and time limit depend on the law that was breached, so note dates carefully.
- A clear timeline of what you asked for, what changed and when is the best evidence.
The three main protections
- ESA: an employer must not penalize an employee for asking about or claiming ESA rights, such as wages, overtime, vacation or leave.
- OHSA: an employer must not penalize a worker for following the law on health and safety, raising a safety concern or refusing unsafe work in the way the Act allows.
- Human Rights Code: a person must not be punished for claiming or enforcing their rights, or for taking part in a human rights process.
What reprisal can look like
- Termination or layoff soon after a complaint or request.
- Reduced hours, worse shifts, loss of overtime or changed duties without a reason.
- Suddenly negative reviews or discipline after years of good ones.
- Threats, intimidation or exclusion from meetings.
- A forced resignation, which may amount to a constructive dismissal.
Proving it
- Write down the protected act: what you asked for or raised, to whom and on what date.
- Write down what changed afterwards, with dates, and who made the decision.
- Keep emails, texts, schedules, pay stubs and performance reviews from before and after.
- Identify co-workers who saw what happened.
Where to complain
- ESA reprisal: a claim to the Ministry of Labour, with a time limit that generally runs from when the reprisal happened.
- OHSA reprisal: a complaint through the process under the Act, which can lead to a decision by the Ontario Labour Relations Board.
- Human Rights Code reprisal: an application to the Human Rights Tribunal of Ontario, generally within one year of the last incident.
Remedies
Depending on the law, remedies can include reinstatement, back pay, compensation for lost wages, and compensation for injury to dignity. Because the routes differ, and filing in one can limit another, it is worth taking advice on which to choose.
Common questions
Can I be fired for asking about unpaid overtime?
An employer cannot penalize you for asking about or claiming ESA rights. Whether your overtime was owed depends on your job and the ESA rules, but the right to ask is protected.
What if I am still employed?
You can still raise a reprisal complaint. Keeping records now helps whether or not you stay.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
Book a Free Consultation
PIPEDA-compliant