Unlawful Reprisals FAQ Unlawful Reprisals under the Occupational Health and Safety Act (OHSA) 1. A worker recently raised a safety concern in the workplace. Am I now prevented from disciplining that worker because of some new and unrelated misconduct? No, as long as the discipline that is being imposed has absolutely nothing to do with…
Getting Help How the OEA can help employers with section 50 unlawful reprisals The OEA provides expert legal advice and education to all employers, and expert representation in all OHSA unlawful reprisal matters to employers that have fewer than 50 workers, at no cost to you. We prepare the necessary documents to respond to the worker’s unlawful…
Mediation, Consultation and Hearing Resolving the application through mediation to avoid an OLRB hearing Shortly after the application is filed with the OLRB, a Labour Relations Officer (LRO) will contact the parties and try to help them reach a settlement that resolves the application, without the need for a hearing. The LRO will usually try…
Application / Response How a worker initiates a section 50 application A non-unionized worker can make a section 50 unlawful reprisal complaint by filing an application with the OLRB. A unionized worker can use the grievance/arbitration process in his/her collective agreement to make an unlawful reprisal complaint under section 50 of the OHSA. Alternatively, a…
OHSA & Unlawful Reprisals How the OHSA protects workers against unlawful reprisals Section 50 of the OHSA provides that a worker cannot be fired, suspended or disciplined (or threatened to be), intimidated, coerced or penalized in any way because the worker has, complied with the OHSA asked the employer to comply with the OHSA exercised…
Occupational Health and Safety Act All provincially-regulated employers must comply with Ontario’s Occupational Health and Safety Act (OHSA) Overview of the OHSA The OHSA sets out minimum health and safety standards to protect workers against hazards on the job. It applies to almost every worker, supervisor, employer and workplace in Ontario, including constructors, workplace…