Reprisals at work in Alberta: Employee rights

What is a reprisal?

In Alberta, a reprisal occurs when an employer penalizes, or threatens to penalize, an employee for asserting their rights in the workplace.

Examples of reprisals include:

• Firing or threatening to fire a worker
• Suspending, disciplining, or threatening to suspend or discipline an employee
• Intimidating a member of staff to work overtime or extra hours
• Reassigning a worker to a position with vastly different responsibilities or requirements
• Reducing an employee’s hours of work or wages without just cause
• Purposely denying a staff member a promotion or raise
• Verbally abusing an employee — creating a hostile or toxic work environment

Are reprisals legal in Alberta?

The short answer is no. The legal system in Alberta gives non-unionized workers the power to stand up for their rights and protects them from reprisals.

Employment Standards Code

Under the province’s Employment Standards Code (ESC), you cannot be punished by your company for requesting anything that you are entitled to as an employee, including:

• Overtime pay
• Vacation days and pay
• Statutory holiday pay
• Parental leave
• Long-term illness or injury leave

The ESC also protects workers from reprisals if they file a complaint to the Employment Standards branch of the Alberta government. The same protection applies to those providing information or giving evidence in relation to the complaint.

READ MORE
• Overtime pay in Alberta
• Sick notes in Alberta: Rights for employees

Occupational Health and Safety Act

Under the province’s Occupational Health and Safety (OHS) Act, you cannot be disciplined by your employer for asserting your health and safety rights. This includes the right to refuse dangerous work and the right to speak out against workplace harassment.

WATCH: Employment lawyer Lior Samfiru discusses everything you need to know about workplace harassment on an episode of the Employment Law Show.

Alberta Human Rights Act

The Alberta Human Rights Act protects you from reprisals when filing a human rights complaint. Employers cannot penalize you or any witnesses assisting with the complaint.

If you experience discrimination in the workplace, you can file a human rights complaint. It is illegal for employees to be discriminated against based on protected aspects, including age, race, gender and religion.

Public Interest Disclosure (Whistleblower Protection) Act

In Alberta, the Public Interest Disclosure (Whistleblower Protection) Act protects public service employees from reprisals for disclosing any wrongdoing that is conducted against the public’s interest.

I’m a victim of a reprisal at work, am I entitled to compensation?

If significant changes are made to your job as part of the reprisal, you could have a claim for constructive dismissal, which would allow you to quit and seek full severance pay.

Workers in Alberta do not need to accept major changes to their employment. Large modifications such as a demotion, reduced hours, or a cut in pay are illegal.

READ MORE
• How to Calculate Severance Pay

Additionally, if an employee experiences discrimination in the workplace because they enforced their rights, they could file a human rights complaint with the Alberta Human Rights Commission. The commission is responsible for dealing with complaints pertaining to the Alberta Human Rights Act.

Successful complaints can result in compensation for the individual who experienced discrimination.

Victim of a reprisal at work? Speak with an employment lawyer

Non-unionized employees in Canada shouldn’t be afraid to assert their workplace or human rights.

If your employer punished you, or threatened to punish you, for doing so, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Alberta, B.C., and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can determine if your boss violated your rights and ensure that you receive the compensation you are legally entitled to.