Overview

In Ontario, the Occupational Health and Safety Act (OHSA) sets out roles, rights and responsibilities for employers, supervisors and workers.

Under section 50 of the OHSA, workers are protected from reprisals. This means, your employer is not allowed to:

  • fire or threaten to fire you
  • suspend or discipline you, or threaten to do so
  • intimidate or coerce you including, for example, bullying you or strongly encouraging you not to report
  • impose any penalty upon you including, for example, transferring you to another position, shift or work location, reducing or changing your hours or denying you a raise or benefits that you’re entitled to

because you, as a worker have:

  • acted on any of your rights under the OHSA (for example, refusing to perform work you believe is unsafe)
  • followed or asked your employer to follow Ontario’s occupational health and safety laws
  • given information to a Ministry of Labour, Training and Skills Development inspector or followed an inspector’s order
  • testified at a hearing about occupational health and safety enforcement:
    • in court
    • in front of the Ontario Labour Relations Board (OLRB)
    • at a grievance arbitration
    • at a coroner’s inquest

Workers

Your options

For all workers, unionized or non-unionized, if you believe you’ve been fired or punished for exercising your rights under the OHSA, you can file a complaint with the Ontario Labour Relations Board.

If you’re a unionized worker, you may choose to either:

  1. ask your union to file a grievance under the collective agreement or help you file a complaint with the OLRB
  2. file a complaint on your own with the OLRB

If you’re a unionized or non-unionized worker, you can call the Ministry of Labour, Training and Skills Development for more information about:

  • resources that can help you file a complaint
  • when a Ministry inspector can help you start the process by making a referral to the OLRB

File a complaint with the OLRB

  1. Download and fill out OLRB forms A-53 and C-26 or call 416-326-7500 or 1-877-339-3335 (toll-free) to have them sent to you.
  2. Follow the instructions on the forms.

Get help from the Ministry of Labour, Training and Skills Development

Please note, we do not act as a representative for the worker or the employer or determine whether a reprisal has in fact occurred.

Call the Health and Safety Contact Centre

Call the Health and Safety Contact Centre, at 1-877-202-0008 (toll-free) Monday to Friday, from 8:30 a.m. to 5:00 p.m.

A Contact Centre representative can give you information about where:

  • you may be able to find help to file a complaint with the OLRB
  • to get legal advice or find someone to represent you at the OLRB

The Contact Centre representative can also document any underlying occupational health and safety concerns related to the reprisal complaint. A ministry inspector may investigate these health and safety concerns to determine if your employer is complying with their legal duties under the OHSA.

Get a referral from a ministry inspector

If you believe you’ve been fired for exercising your rights under the OHSA, a ministry inspector, with your consent, can help you by referring your reprisal allegation to the OLRB. You can only request a referral if you have not already:

  • had your allegation dealt with by arbitration
  • filed a complaint with the OLRB

If the inspector makes a referral to the OLRB, the inspector will also give copies to your employer, trade union (if you’re unionized) and other organizations affected by the alleged reprisal.

Resources for non-unionized workers

If you are non-unionized worker and need free advice, help filling out OLRB forms and representation at a mediation, consultation or hearing, contact the independent Office of the Worker Adviser by:

If you are a non-unionized, low-income worker you can also contact the Workers’ Health and Safety Legal Clinic by:

You can also contact the Law Society of Ontario for independent legal advice.

Resources for unionized workers

Contact your union if you want to file a grievance under the collective agreement or to file a complaint with the OLRB.

You can also contact the Law Society of Ontario for independent legal advice.

Employers

If you are facing a reprisal allegation, it is up to you to prove to the OLRB that there was no reprisal.

Respond to a reprisal allegation

  1. Download and fill out form A-54 or call 416-326-7500 or 1-877-339-3335 (toll-free) to have it sent to you.
  2. Follow the instructions on the form.

Resources for employers

If you have fewer than 50 employees and need free advice about reprisals, help completing forms or representation at mediations or hearings, contact the independent Office of the Employer Adviser by:

Find a lawyer or paralegal

If you need legal advice, apply online to the Law Society of Ontario to be referred to a lawyer or paralegal who may provide a free initial consultation.

Difference between the OLRB and Ministry of Labour, Training and Skills Development

Ontario Labour Relations Board (OLRB)

The OLRB is an independent tribunal that can review a worker’s reprisal complaint or a referral from the Ministry of Labour, Training and Skills Development to try to mediate a settlement.

If a settlement cannot be reached, the OLRB may hold a consultation or hearing, and may make orders to:

  • remove or change any penalty the employer may have carried out
  • reinstate/rehire the worker
  • compensate the worker for related losses

How the OLRB handles applications or referrals

You may also wish to read the OLRB’s Information Bulletin No. 14, which describes how they handle applications or referrals by workers who complain that their employer has violated the reprisal protections under section 50 of the OHSA.

Ministry of Labour, Training and Skills Development

Our inspectors:

  • enforce the OHSA
  • investigate underlying occupational health and safety concerns related to a reprisal complaint or referral.

Learn more about the Ministry of Labour, Training and Skills Development.