Reprisal and Retaliation in the Workplace
Your employer cannot punish you for exercising your legal rights. If they do, the burden of proof is on them.
Content last verified against official statutes: March 30, 2026
What the Law Says
CLC s.246.1 prohibits employers from taking reprisal action against an employee for exercising any right under the Canada Labour Code. Under s.246.1(4), once a complaint is filed, the burden of proof shifts to the employer — they must prove their actions were not retaliatory. CLC s.147 specifically prohibits reprisal for exercising rights under Part II of the Code (health and safety, including harassment complaints). This is one of the strongest employee protections in Canadian law.
What This Means for You
If you file a complaint, request accommodation, report unsafe conditions, refuse unsafe work, or exercise any other right under the Canada Labour Code, your employer cannot terminate you, demote you, change your schedule, increase monitoring, issue a PIP, exclude you from meetings, or take any other adverse action in response. If they do, you have 90 days to file a reprisal complaint with the CIRB, and the employer bears the burden of proving their actions were not connected to your protected activity.
Real Example
An employee at a federally regulated company filed a formal harassment complaint. Shortly after escalating the complaint to HR, the employer initiated selective monitoring of the employee's work. No other team member was subjected to this monitoring. The employee documented the timeline between the protected activity and the adverse action. This correlation between a protected activity and an adverse action established the foundation for a reprisal claim. The employee cited CLC s.246.1 in all subsequent correspondence, noted the reverse burden of proof under s.246.1(4), and requested written confirmation of reprisal protection. By establishing this timeline in writing, the employee created the evidentiary foundation for an external CIRB complaint if needed.
Real Court Decision
In Oliva, Pascoe, and Strong v. Gursoy (2024 AHRC 45), the tribunal awarded $230,000+. Read the full case →
Real Court Decision
In McPherson v. Global Growth Assets (Ontario Superior Court), the tribunal awarded $5,370,000. Read the full case →
What You Can Do
- 1Before filing any complaint, request written confirmation of reprisal protection from HR, citing CLC s.147 or CLC s.246.1.
- 2Document the date of every protected activity (complaint, escalation, accommodation request, access request).
- 3Document the date of every adverse action that follows (monitoring, PIP, schedule change, termination).
- 4Note the gap between the protected activity and the adverse action. Short gaps (1–5 business days) strongly suggest reprisal.
- 5File with the CIRB within 90 days of the reprisal action. This is a hard deadline.
Warning Signs of Reprisal
- Performance reviews or PIPs initiated for the first time shortly after your complaint
- Schedule changes, shift reassignment, or relocation without business justification
- Increased monitoring of your work that is not applied to others
- Exclusion from meetings, projects, or communications you previously participated in
- Tone changes from management (cold, formal, or avoidant) after a previously normal relationship
- "Administrative" actions (office move, equipment changes, access restrictions) that coincide with your complaint timeline
- Your contract not renewed or your position "eliminated" shortly after filing
What to Document
- The exact date of every protected activity (complaint, escalation, accommodation request)
- The exact date of every adverse action that follows
- The gap between protected activity and adverse action (in business days)
- Evidence that the adverse action was not applied to others (no other team member received a PIP, was monitored, etc.)
- Evidence that no performance concerns existed prior to your complaint
- Any communications from the employer that cannot provide a legitimate business justification for the adverse action
Where to File
Internal
- Written notification to HR that the adverse action constitutes potential reprisal, citing CLC s.246.1 or s.147
- Request written business justification for the adverse action
External
Canada Industrial Relations Board (CIRB)
For reprisal complaints under CLC s.246.1. Hard deadline — no extensions.
Key advantage: Reverse burden of proof under CLC s.246.1(4).
Key Statutes
When Should You Contact a Lawyer?
This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.
The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.
By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.
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Cite This Page
MyWorkRights.ca, "Reprisal and Retaliation in the Workplace," accessed 2026-04-01, https://myworkrights.ca/harassment/reprisal
Written by the MyWorkRights.ca team, based on direct experience navigating the CIRB, OPC, and CHRC complaint processes and 500+ hours of employment law research.