Workplace Retaliation in Ontario: What Counts as a Reprisal?

Workplace retaliation in Ontario — often called a reprisal — happens when an employer punishes a worker for exercising their legal rights. These situations are more common than people realize, and many employees don’t come forward because they fear making things worse.

If you experienced retaliation after raising a concern at work, you may be protected under Ontario law and could be owed compensation, including damages for reprisal.

What Is Reprisal in the Workplace?

A reprisal is any negative action an employer takes because you tried to exercise your rights. This includes:

• Reporting unsafe work under Ontario’s Occupational Health and Safety Act (OHSA)
• Asking about your employment standards rights (hours of work, overtime, termination pay, etc.)
• Filing a human rights complaint
• Seeking accommodation for a medical condition or disability
• Taking a protected leave of absence in Ontario (sick leave, pregnancy/parental leave, family responsibility leave)

Reprisal actions can include:

• Cutting your hours
• Demoting you
• Changing your job duties without consent
• Intimidation or threats
• Suspending you
• Threatening to terminate your employment in Ontario

These are all recognized examples of reprisals under Ontario law.

What Is Retaliation in the Workplace?

Workplace retaliation means the same thing as reprisal. It refers to punishing an employee for asserting their rights.

Retaliation can be obvious—like firing you the day after you make a complaint—or more subtle, such as:

• Excluding you from meetings
• Giving you worse shifts
• Micromanaging only after you raise an issue
• Spreading rumours or creating a hostile environment

Both clear and subtle actions can qualify as unlawful reprisal.

Section 50 OHSA: Protection Against Reprisal for Safety Complaints

Under section 50 of the Occupational Health and Safety Act, employers can’t penalize you for:

• Refusing unsafe work
• Reporting hazards
• Asking for safety training or protective equipment
• Cooperating with a Ministry of Labour inspector

This is known as OHSA reprisal, and the law places the burden on the employer—not the employee—to prove they did not retaliate.

If you experience any negative consequences after speaking up about safety, you may have a strong reprisal case.

What Counts as Employer Retaliation?

An employer cannot punish you for trying to exercise your rights. Common employer retaliation examples include:

• Sudden shift changes that hurt your income
• Reduced hours
• Unfounded discipline
• Moving you to a less desirable role
• Forcing you out through constant pressure
• Ending your employment after a complaint

Even if no one says the consequences are related, the timing often reveals the real reason for the employer’s actions.

Fear of Reprisal in the Workplace

Many Ontario workers stay silent because they fear reprisal at work. This fear is valid—retaliation is a real risk—but the law is designed to protect you.

You don’t have to tolerate retaliation, and you don’t have to “prove” your employer’s intentions on your own. Employment lawyers regularly uncover patterns and evidence that support your claim.

Damages for Reprisal in Ontario

If you’re fired, disciplined, or penalized for asserting your rights, you may be entitled to:

• Compensation for lost wages
• General damages for injury to dignity or mental distress
• Human rights damages, if discrimination is involved
• Reinstatement (in rare cases)
• Severance pay Ontario and termination entitlements
• Additional compensation if the reprisal was especially harmful or intentional

Employees who face reprisal after reporting health and safety concerns may also be entitled to remedies through the Ontario Labour Relations Board.

Reprisal and Human Rights: Discrimination-Based Retaliation

If retaliation happens after you ask for medical accommodation, pregnancy-related accommodation, or any protected human rights ground, you may also have a human rights reprisal claim.

This is sometimes called reprisal discrimination, and may involve:

• Punishing you for requesting accommodation
• Reducing your hours after returning from medical leave
• Harassment after filing a discrimination complaint

These cases often result in additional damages at the Human Rights Tribunal of Ontario.

What To Do If You Experience Workplace Retaliation in Ontario

If you believe you’re experiencing reprisal:

1. Document everything
   Keep notes, emails, timelines, and text messages.
2. Don’t quit
   Resigning can weaken your claim—talk to a lawyer first.
3. Get legal advice quickly
   A workplace retaliation or wrongful dismissal claim has strict deadlines.
4. Ask about severance
   If you were fired, you may be owed far more severance than your employer offers – up to 24 months’ pay.

Can I Be Fired for Making a Complaint?

No—firing someone because they asserted their rights is considered reprisal, and it’s illegal in Ontario.

If this happens:

• You may be entitled to significant compensation
• The termination may qualify as wrongful dismissal in Ontario
• You may have claims under employment standards, human rights, or OHSA

Speak to an Employment Lawyer About Workplace Retaliation in Ontario

If you’re dealing with workplace retaliation or fear reprisal after making a complaint, we can help.

At Samfiru Tumarkin LLP, our employment lawyers in Ontario have helped over 50,000 Canadians understand their rights, secure fair severance, and protect their jobs.

📞 Call us at 1-855-821-5900 or request a consultation online.