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REPRISALS

Reprisals

Employers are prohibited from penalizing employees in any way for:

  • asking the employer to comply with the Employment Standards Act, 2000 (ESA) and the regulations
  • asking questions about rights under the ESA
  • filing a complaint under the ESA
  • exercising or trying to exercise a right under the ESA
  • giving information to an employment standards officer
  • taking, planning on taking, being eligible or becoming eligible for a parental, pregnancy, personal emergency, declared emergency, family medical leave, organ donor, or reservist leave
  • being subject to a garnishment order (i.e., to have a certain amount deducted directly from wages to satisfy a debt)
  • participating in a proceeding under the ESA
  • participating in a proceeding under section 4 of the Retail Business Holidays Act (regarding tourism exemptions that allow retail businesses to open on holidays)
  • refusing to take a lie detector test
  • refusing Sunday work (for certain retail workers only).

An employer that does penalize an employee for any of these reasons can be ordered by an employment standards officer to:

  • reinstate an employee to his or her job
  • compensate an employee for any loss incurred because of a violation of the ESA
  • pay the employee any wages that may be owing.

 
 

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