Reprisals in the Alberta Workplace. Know your Rights.

Employees in Alberta are protected against reprisals in the workplace and should not have to tolerate any form of retaliation from an employer for raising a legitimate issue.

But what is considered a reprisal in the workplace, how does the legislation in Alberta protect employees, and what should you do if you’re the victim of an employer’s reprisal measures?

What is reprisal in the workplace?

Employees enjoy a wide range of rights in Alberta. It’s one of the reasons why the province is generally a popular place to work.

From basic human rights to rights under employment law, it is recognized that employees should be able to work without fear of discrimination, harassment or unfair treatment in any way.

You also have the right to overtime pay, paid vacation days, statutory holiday pay, parental leave and long-term illness or injury leave.

If you assert these rights, you also have the right to be free of reprisals from an employer.

This means that employers must not punish or penalize employees because rights were asserted in the workplace. This is easier to understand if we consider some common examples of workplace reprisals…

Examples of reprisal in the workplace

Typical examples of reprisals against employees by an employer include:

• Firing or threatening to fire the employee after a complaint is made
• Suspending, disciplining, or threatening to discipline an employee after an issue is flagged
• Reassigning an employee to a position with fewer responsibilities
• Intimidating an employee to work overtime or extra hours
• Reducing an employee’s hours without just cause
• Denying a promotion or raise to an employee
• Creating a hostile or “toxic” work environment

Employers should ensure that managers do not take the above types of actions if a complaint has been made about them or the workplace they manage. Otherwise, compensation could be sought for reprisals in the workplace.

Are reprisals legal in Alberta?

Under the Employment Standards Code in Alberta, non-unionized workers are granted the right to be free from reprisals for asserting their rights.

So, if you file a complaint against your employer with the Employment Standards branch of the Alberta government, your employer cannot take reprisal action against you. Any action taken by your employer that could be considered a form of reprisal would be illegal.

You are also afforded these protections if you provide information or give evidence relating to a complaint.

There is often some crossover here with other aspects of employment law in Alberta, such as constructive dismissal.

For instance, if the work environment becomes toxic or hostile as a direct result of an employee making a human rights complaint against their boss, the employee may be left with no other option but to quit. This may trigger a constructive dismissal claim, where you could claim full severance pay.

Alberta Human Rights Act and protection from reprisal

If you file a human rights complaint against your employer under the Human Rights Act (for discrimination against age, race, gender, religion or any other protected ground), employers cannot take reprisal action against you or any witnesses who provide evidence.

The Public Interest Disclosure (Whistleblower Protection) Act also protects public service employees from reprisals for disclosing any wrongdoing against the public’s interest.

Another piece of legislation affords similar protections to employees. Anyone who refuses to do dangerous work based on a legitimate safety concern (or harassment claim) — and makes a complaint under the Occupational Health and Safety (OHS) Act — also has the right to be free from reprisal action by the employer.

So, you cannot be punished for asserting your human rights, workplace health and safety rights or any other employment rights in Alberta.

How can employers avoid reprisals in the workplace?

Most employers in Alberta want a healthy workplace where their staff can raise concerns and be free from the fear of reprisals if they do so.

Employers should take steps and provide management training to ensure that:

• All employees are treated consistently and fairly
• Employees are aware of their right to raise any issues they have
• Employees can communicate transparently if they have concerns
• The expectations and anti-discrimination policies are well understood throughout the workforce
• An open-door policy is established for employees to approach you directly with any major problems

What should you do if you’re the victim of reprisal at work?

There are various avenues to seek compensation for unfair treatment at work.

If you experience discrimination in the workplace because you enforced your rights, you may be able to file a human rights complaint with the Alberta Human Rights Commission (AHRC). If you are successful, you may be entitled to compensation from your employer.

Alternatively, if you are a non-unionized employee and believe that unfair disciplinary action has been taken against you for asserting your health and safety rights, you can file a Disciplinary Action Complaint with an OHS Officer within 180 days of the incident.

Unionized workers should follow the procedure outlined in their collective bargaining agreement.

If significant changes were made to your role, such as a demotion, reduced hours, or a pay cut, you may have a constructive dismissal claim. Such changes are illegal, but constrictive dismissal cases can be complex, so before taking any action, it’s best to check your legal options with a qualified employment lawyer.

If you think you may have been the victim of reprisal in the workplace or have any questions about your legal rights and options, an employment lawyer from Taylor Janis LLP in Alberta can advise you during a confidential telephone or video consultation.

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