If you’ve faced punishment or threats at work after asserting your rights, you may be the victim of reprisal — and possibly wrongful dismissal. Canadian law protects employees from retaliation for raising legitimate workplace concerns, such as unpaid overtime, discrimination, or health and safety violations.
Employers are prohibited from penalizing or threatening to penalize employees in any way for asserting or asking about their rights under employment legislation. An example of reprisal is when an employee complains to the Ministry of Labour that their employer is not paying overtime, and, in response, the employee is reassigned to a different position. The reassignment may constitute reprisal against the employee in retaliation for her complaint, and this is not allowed in Canadian law. Read on to learn more about reprisal and when it can result in wrongful dismissal.
This article explains what reprisal is, how it can lead to wrongful dismissal, and what legal remedies may be available under Canadian employment law.
What Is Reprisal?
Reprisal occurs when an employer punishes, threatens, or intimidates an employee for exercising their legal rights. This could include filing a complaint, asking about overtime, or reporting unsafe working conditions. Reprisal can happen in any workplace and does not always involve termination.
Examples of protected employee actions include:
- Filing a complaint with the Ministry of Labour or the Human Rights Tribunal of Ontario
- Asking your employer to comply with the Employment Standards Act, 2000 (ESA) or the Canada Labour Code
- Raising a concern under the Occupational Health and Safety Act
- Exercising your right to work free from discrimination under the Ontario Human Rights Code
Reprisal can take many forms, including:
- Unjustified negative performance reviews
- Salary reduction or demotion
- Exclusion from meetings or opportunities
- Hostile treatment, intimidation, or threats
Even subtle retaliation can qualify as reprisal if it restricts your ability to exercise your rights or makes your workplace intolerable.
Example: Reprisal in Action
The case of C. v. Tai Pan Vacations Inc., 2009 HRTO 273, is a key example. The employee had filed a human rights complaint related to pregnancy discrimination. While the complaint was ongoing, her employer withheld bonuses, denied raises, excluded her from company events, and eventually terminated her employment three weeks after the complaint settled.
The Human Rights Tribunal of Ontario found this conduct to be reprisal in violation of the Ontario Human Rights Code and awarded the employee $57,000 in damages.
To prove reprisal, three elements must be shown:
- An action or threat was taken by the employer;
- The action or threat was connected to a complaint or enforcement of a right; and
- There was an intention to retaliate against the employee.
Once these are established, the employer must show a reasonable and non-retaliatory explanation for their actions.
An employment lawyer at Monkhouse Law can review your situation against this test and determine whether you may have a valid claim.
What Is Wrongful Dismissal?
Wrongful dismissal (also known as wrongful termination) occurs when an employee is terminated without proper notice or compensation. It doesn’t necessarily mean the employer acted maliciously — only that they failed to provide the legal or contractual notice required.
There are three main types of wrongful dismissal:
- Termination without cause: Legal, but the employer must provide adequate notice or pay in lieu.
- Termination with cause: No severance required, but the standard to prove cause is very high and applies only to serious misconduct.
- Constructive dismissal: When an employer makes major changes to your job or working conditions that effectively force you to resign.
Learn more about your rights here: Wrongful Dismissal Lawyer Toronto
How Reprisal and Wrongful Dismissal Overlap
Sometimes a single event can be both reprisal and wrongful dismissal. For example, if an employee is fired for filing a discrimination or safety complaint, that termination could give rise to claims under the Human Rights Code, Employment Standards Act, and common law.
Even if your employment wasn’t terminated, ongoing retaliation can make your workplace unbearable, potentially leading to a constructive dismissal claim.
Next Steps
If you’ve been punished, demoted, or terminated after exercising your rights, you may have a legal claim for both reprisal and wrongful dismissal. Book a free 30 minute phone consultation today. By reviewing your situation and referring to the relevant laws in Canada, we can help determine whether a legal remedy is available to you.