{"id":1070,"date":"2022-10-26T17:50:56","date_gmt":"2022-10-26T21:50:56","guid":{"rendered":"https:\/\/www.debousquet.com\/blog\/?p=1070"},"modified":"2022-10-26T17:50:56","modified_gmt":"2022-10-26T21:50:56","slug":"workplace-harassment-complaints-and-reprisals","status":"publish","type":"post","link":"https:\/\/www.debousquet.com\/blog\/2022\/10\/26\/workplace-harassment-complaints-and-reprisals\/","title":{"rendered":"Workplace harassment complaints and reprisals"},"content":{"rendered":"

If you are experiencing harassment in the workplace, there might be a few worries holding you back from making a complaint to your employer. Will your employer punish you for making a complaint? Will they reduce your hours or stop considering you for a promotion? Will they fire you?\u00a0\u00a0<\/span><\/p>\n

Consider seeking advice from an employment lawyer before you make a complaint. Together you can strategize on how to best communicate your concerns to your employer. You can also ensure that if your employer tries to retaliate later, you will be prepared.\u00a0\u00a0<\/span><\/p>\n

The <\/span>Occupational Health and Safety Act<\/span><\/a> (\u201cOHSA\u201d) doesn\u2019t only protect employees from physical harm, it is also in place to help promote workplaces that are free from harassment. One way this is done is by prohibiting reprisals under s.50 of the OHSA.\u00a0<\/span><\/p>\n

What is a reprisal?<\/span><\/i><\/h2>\n

A reprisal happens when an employer punishes you, fires you, threatens to fire you, or intimidates you for following the OHSA. There are workplace activities that are protected by s.50 of the OHSA:\u00a0<\/span><\/p>\n

    \n
  1. You are following the OHSA.<\/span><\/li>\n
  2. You are seeking enforcement of the OHSA. This includes filing a complaint with the Ministry of Labour or by complaining to your employer.\u00a0<\/span><\/li>\n
  3. You give evidence to help enforce the OHSA. For example, if you testify against your employer in a proceeding.\u00a0<\/span><\/li>\n<\/ol>\n

    So, if you make a complaint to your employer about the harassment you are experiencing, and they fire you for it, this is an unlawful reprisal.\u00a0<\/span><\/p>\n

    A reprisal is an attempt by your employer to intimidate you, make you feel powerless, and to make you regret complaining. Seeking legal advice right away is one of the steps you can take to level the playing field.<\/span><\/p>\n

    ESA Reprisals<\/span><\/i><\/h2>\n

    Reprisals are also prohibited under the Employment Standards Act (\u201cESA\u201d). The ESA prohibits employers from penalizing employees in any way for a number of activities, including:\u00a0<\/span><\/p>\n