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The Employment Standards Act, 2000 (ESA) prohibits reprisals in certain circumstances by:

  • employers
  • clients of temporary help agencies
  • recruiters
  • any persons acting on their behalf

Employers

Employers and persons acting on their behalf are prohibited from penalizing or threatening to penalize employees in any way for:

  • asking the employer to comply with the ESA and its 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
  • asking about the rate of pay paid to another employee to determine if an employer is providing equal pay for equal work
  • disclosing their rate of pay to another employee to determine if an employer is providing equal pay for equal work
  • taking, planning on taking, being eligible or becoming eligible for leave under the ESA
  • asking questions about whether an individual or an entity holds a licence to operate as a temporary help agency or to act as a recruiter as required under the ESA
  • being subject to a garnishment order (in other words, a court order to have a certain amount deducted 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)

If an employee does any of the above, an employer cannot for that reason:

  • punish the employee
  • reduce the employee's pay
  • intimidate the employee
  • suspend the employee
  • fire the employee
  • penalize the employee in any other way
  • threaten any of these actions

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 their job
  • compensate an employee for any loss incurred because of a violation of the ESA

An officer may also order an employer to pay any wages that he or she finds are owing to an employee, whether or not there has been a reprisal.

Example

Maria found out that her employer pays her less than minimum wage. She asked her employer to start paying her the minimum wage and to make up for all that she is owed for the employer's failure to pay the minimum wage in the past.

Her employer became upset and fired Maria. Maria thought that she was fired because she asked to be paid the minimum wage under the Employment Standards Act, 2000.

Maria filed a claim with the Ministry of Labour, Immigration, Training and Skills Development. An employment standards officer investigated her claim.

The employment standards officer found that Maria's employer penalized Maria for asking her employer to be paid minimum wage.

The employment standards officer ordered Maria's employer to:

  • give Maria's job back to her
  • pay Maria the wages she was owed for the employer's failure to pay minimum wage in the past
  • pay Maria the wages and vacation pay that she would have earned between the date that she was fired and the date that she got back her job
  • increase Maria's pay to minimum wage

Clients of temporary help agencies

Clients of temporary help agencies and persons acting on their behalf are prohibited from penalizing or threatening to penalize assignment employees in certain circumstances. For information please see Temporary help agencies.

Recruiters

Recruiters and persons acting on their behalf are prohibited from penalizing or threatening to penalize prospective employees who use the services of the recruiter in any way for:

  • asking the recruiter to comply with the ESA and its regulations
  • giving information to an employment standards officer
  • testifying or participating in a proceeding under the ESA
  • asking questions about whether an individual or an entity holds a licence to operate as a temporary help agency or to act as a recruiter as required under the ESA

If a prospective employee does any of the above, a recruiter or a person acting on behalf of the recruiter cannot for that reason:

  • punish the prospective employee
  • intimidate the prospective employee
  • penalize the prospective employee in any other way
  • threaten any of these actions

A recruiter that does penalize a prospective employee for any of these reasons can be ordered by an employment standards officer to compensate the prospective employee for any loss incurred because of the violation of the ESA.