Reprisals against workers by employers
What to do and where to get help or legal advice if your employer fires or punishes you for reporting workplace health and safety concerns, or if you are an employer facing a reprisal allegation.
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, Immigration, 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
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:
- email at owaweb@ontario.ca
- phone, Monday through Friday, from 8:30 a.m. to 5:00 p.m.:
1-855-659-7744 (toll-free)416-212-5335 (Toronto area)
If you are a non-unionized, low-income worker you can also contact the Workers’ Health and Safety Legal Clinic by:
- visiting their website
- phone, Monday through Friday, from 9:00 a.m. to 5:00 p.m.:
1-877-832-6090 (toll-free)416-971-8832 (Toronto area)
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.
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:
- ask your union to file a grievance under the collective agreement or help you file a complaint with the OLRB
- 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, Immigration, 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
- Download and fill out OLRB forms A-53 and C-26 or call
416-326-7500 or1-877-339-3335 (toll-free) to have them sent to you. - Follow the instructions on the forms.
Get help from the Ministry of Labour, Immigration, 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
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.
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
- Download and fill out form A-54 or call
416-326-7500 or1-877-339-3335 (toll-free) to have it sent to you. - 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:
- email at askoea@ontario.ca
- phone, Monday through Friday, from 8:30 a.m. to 5:00 p.m.:
1-800-387-0774 (toll-free)416-327-0020 (Toronto area)
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, Immigration, 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, Immigration, 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, Immigration, 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, Immigration, Training and Skills Development.