Reprisals

• ISBN: 978-1-4249-3383-9 (HTML)
• ISBN: 978-1-4249-3382-2 (Print)
• ISBN: 978-1-4249-3384-6 (PDF)
• Revised: January 2009
• Content last reviewed: June 2009
• PDF Version [ 889 Kb / 146 pages | Download Adobe Reader ]
• See also: Protecting Employees: Information on How You are Protected [ Brochure ]

This guide is provided for your information and convenience only. It is not a legal document. For complete information, refer to the Employment Standards Act, 2000 and its regulations.

Employers are prohibited from penalizing employees in any way for:

• asking the employer to comply with the Employment Standards Act, 2000 (ESA) and the regulations
• asking questions about rights under the ESA
• filing a complaint under the ESA
• exercising or trying to exercise a right under the ESA
• giving information to an employment standards officer
• taking, planning on taking, being eligible or becoming eligible for a parental, pregnancy, personal emergency, declared emergency, family medical leave, organ donor, or reservist leave
• being subject to a garnishment order (i.e., to have a certain amount deducted directly from wages to satisfy a debt)
• participating in a proceeding under the ESA
• participating in a proceeding under section 4 of the Retail Business Holidays Act (regarding tourism exemptions that allow retail businesses to open on holidays)
• refusing to take a lie detector test
• refusing Sunday work (for certain retail workers only).

An employer that does penalize an employee for any of these reasons can be ordered by an employment standards officer to:

• reinstate an employee to his or her job
• compensate an employee for any loss incurred because of a violation of the ESA
• pay the employee any wages that may be owing.

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