A worker who believes that the employer has reprised against him or her may file a complaint with the Ontario Labour Relations Board (OLRB). A unionized worker may choose to ask the union to file a grievance under the collective agreement or to seek its help in filing a complaint directly on the worker’s behalf with the OLRB.
Alternatively, a worker claiming to have been fired in an OHSA-related reprisal may consent to having a Ministry of Labour inspector refer the reprisal allegation to the OLRB, if
The inspector will also provide copies of the referral to the employer, trade union (if any) and other organizations affected by the alleged reprisal. However, the Ministry of Labour will not act as the worker’s representative.
The Ministry of Labour will also investigate the health and safety concerns related to a reprisal complaint or referral.
The OLRB can look into a worker’s complaint or a referral from the Ministry of Labour and try to mediate a settlement between the workplace parties. If a settlement cannot be reached, the OLRB may hold a consultation or hearing. The OLRB may make orders to
The OLRB will provide forms for filing reprisal complaints.
The Office of the Worker Adviser (OWA) or the Toronto Workers’ Health & Safety Legal Clinic can provide workers with free advice on filing complaints and representation at mediations and hearings before the OLRB.
If there is an allegation of reprisal before the OLRB, it’s up to the employer to refute it. The Office of the Employer Adviser can provide free assistance and representation at mediations and hearings before the OLRB to employers with fewer than 50 employees. Also, employers can contact the Law Society of Upper Canada, which will put them in touch with a lawyer who may provide a free initial consultation.
Health and Safety Contact Centre
Other ways to contact us
Office of the Employer Adviser
The Office of the Employer Adviser (OEA) is an independent agency of the Ontario Ministry of Labour. The OEA provides free education, advice and representation to employers with fewer than 50 employees in responding to allegations of reprisal brought to the OLRB.
Law Society of Upper Canada
The Law Society of Upper Canada has several services for finding professional legal help. The society can refer callers to a lawyer who may provide a free initial consultation.