Questionnaire: Responding to Worker Reprisal Claims

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BENEFITS

One of the “gaps” in the current Ontario OHS system cited by the Dean Commission is insufficient protection for workers against being fired or disciplined in reprisal for raising workplace health and safety concerns or exercising other rights under the OHS law. However, the mere fact that a worker exercised such rights doesn’t necessarily mean that disciplinary action was in reprisal for that action.

This Questionnaire will help you determine whether workers who claim reprisals for exercising safety rights have a valid case.

HOW TO USE THIS TOOL

Fill out this Questionnaire if and when one of your workers claims that he was fired or disciplined in reprisal for exercising a safety right. The Questionnaire includes not only questions but instructions helping you figure out your legal rights and liabilities on the basis of how the questions are answered. The Questionnaire is organized into 2 parts:

  • Part A will enable you to make a basic determination about the legal soundness of the worker’s claim. Essentially, Part A furnishes an answer to the following question: Assuming the worker can prove all of the allegations in the claim, would he have a legally valid reprisal claim?
  • Part B, which you’ll only get to if you determine under Part A that the claim is legally valid, helps you evaluate your chances of defending yourself successfully against the claim. Part B basically enables you to determine if you have evidence to disprove one or more of the allegations made in the claim.
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