An Ontario employee who said he paid a price for years of harassment complaints has lost his reprisal claim against his former employer.
Vice-chair Derek Rogers of the Ontario Labour Relations Board dismissed the case on Sept. 25, 2026.
The employee had asked the board to review his claims against his former employer. He had also sought termination pay and severance pay, but by this stage, the alleged reprisal was the only piece of his application still standing.
Years of complaints
According to his filings, the employee started raising concerns in October 2019 about perceived workplace harassment, favouritism and safety issues. He said he filed more than 10 complaints between 2019 and 2022, including a formal complaint in January 2022 over what he described as escalating harassment.
He said the company sent him its harassment policy in May 2022 and that he was penalized. He alleged he lost the authority he held in his role, was compelled to transfer to the company's Alberta operation and was demoted in the job he briefly held there.
In his view, he was constructively dismissed while the company disregarded his efforts to return to work in Ontario.
The board noted that the company had brought in an outside investigator, who concluded that some of his complaints were justified. For this motion, the company accepted his factual allegations as true.
Right complaint, wrong law
Ontario's Employment Standards Act protects workers from being punished for using that law. That...
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