Worker’s reprisal claim dismissed by court: Ontario employment lawyer on HR Reporter

Interview Summary

The Ontario Labour Relations Board recently dismissed a claim brought forth by an employee concerned about a reprisal. While unionized employees are subject to terms outlined in their collective agreement, non-unionized employees are also within their rights to pursue legal action if worried about reprisal. What can employees unsure of their rights in the workplace do? Are employers obligated to uphold certain standards in the workplace?

Chris Justice, a Toronto employment lawyer and Senior Associate at Samfiru Tumarkin LLP joined the HR Reporter’s Jeffrey Smith to discuss the dismissal and its impact on employees in Ontario.

Interview Notes

• Employer obligations in the workplace: Justice reiterated the importance of employers being proactive. “If an employer is approached by an employee who’s complaining about something in the workplace such as harassment or violence, you want to treat these things seriously. But even if someone doesn’t specifically bring a formal complaint under a harassment policy or health and safety legislation, you still want to be proactive as an employer and not just react to things.”
• Employer’s next steps after a complaint is voiced: Justice discussed the next steps for an employer after a safety complaint has been brought forth. “Every employer has an obligation under the OHSA when someone says they don’t feel safe or, even in where they don’t say that but there’s a reasonable suspicion to think that there may be an issue, generally to make inquiries and not necessarily wait for the employee [to explain],” said Justice.
• Action deemed a reprisal: It can be difficult to determine whether or not an action taken by an employer is deemed a reprisal. “They didn’t know the full extent of the safety issue and didn’t want to jeopardize anyone, and they knew the teacher wasn’t going to be working that day,” said Justice. “You don’t want to cut their wages, suspend them without pay, or unnecessarily warn them because that would go further in terms of a potential reprisal.”

Related Resources

For further insights and discussions related to workplace harassment, explore the following resources:

• Workplace investigations
• Reprisals in Alberta