Can You Be Fired for Filing a Complaint Against Your Ontario Employer?

Can You Be Fired for Filing a Complaint Against Your Ontario Employer? Your Legal Protections Explained

Filing a complaint against your employer whether about unpaid wages, harassment, discrimination, or unsafe conditions takes courage. The fear that doing so could cost you your job is real and understandable. In Ontario, the law directly addresses this concern. Both the Employment Standards Act, 2000 and the Ontario Human Rights Code prohibit employers from retaliating against employees who assert their legal rights or file complaints in good faith. If your employer punishes you for raising a legitimate workplace concern, that conduct may be unlawful and you may have meaningful legal remedies.

Short answer

No your employer cannot legally fire or penalize you for filing a workplace complaint in good faith in Ontario. Doing so may constitute retaliation under the ESA or Human Rights Code, and may also support a wrongful dismissal claim.

The protection applies from the moment you assert your rights not just after a formal complaint is filed. Employers who take adverse action because they believe you are about to file a complaint are just as exposed as those who retaliate after the fact. The question courts and tribunals ask is whether the protected activity was a factor in the adverse treatment.

Were you fired, demoted, or treated differently at work after filing a complaint or asserting a legal right in Ontario?

Retaliation for good-faith complaints may give rise to claims under the ESA, the Human Rights Code, and common law. Limitation periods apply get advice before your options narrow.

Call: 1-800-771-7882 Speak With an Employment Lawyer

Which Ontario laws protect you from retaliation

Employment Standards Act, 2000 reprisal protection

Ontario's ESA prohibits employers from penalizing, intimidating, or dismissing an employee for filing a complaint with the Ministry of Labour, requesting wages or entitlements owed, participating in a Ministry investigation, or asserting any right under the ESA. Reprisal complaints are filed with the Ministry of Labour and must be made within one year of the last act of reprisal. Remedies include reinstatement and compensation for lost wages.

Ontario Human Rights Code retaliation protection

Section 8 of Ontario's Human Rights Code prohibits retaliation against any person who has filed or may file a human rights complaint, has given evidence in a complaint, or has assisted in any way with a complaint. Applications to the Human Rights Tribunal of Ontario must be filed within one year of the last retaliatory act. Remedies include compensation for lost income and damages for injury to dignity.

Occupational Health and Safety Act reprisal protection

The OHSA protects employees who raise health and safety concerns, participate in workplace safety investigations, or refuse unsafe work. Reprisal complaints under the OHSA are filed with the Ontario Labour Relations Board within one year of the last act of reprisal. The OLRB can order reinstatement, back pay, and other remedies.

Common law wrongful dismissal

Where your employer terminates you in retaliation for asserting a legal right or filing a complaint, the dismissal may be wrongful entitling you to common law reasonable notice or pay in lieu. Where the manner of the retaliation was particularly harmful or in bad faith, aggravated damages may also be available on top of the notice entitlement.

What retaliation looks like in practice

Termination or constructive dismissal shortly after filing a complaint or asserting a legal right

Demotion or removal of responsibilities without a documented performance reason predating the complaint

Reduction in hours, shifts, or pay following a complaint

Sudden negative performance reviews that did not exist before the complaint was filed

Hostile treatment from management or colleagues that developed after the complaint

Being excluded from meetings, opportunities, or communications you previously participated in

Denial of promotions or benefits that would otherwise have been available

Timing is often the most powerful evidence in a retaliation case. Where adverse treatment follows closely after a complaint or assertion of rights and where there is no documented performance issue or legitimate operational reason that predates the protected activity that sequence raises a strong inference of retaliation. Courts and tribunals assess whether the protected activity was a contributing factor in the adverse treatment, not whether it was the sole reason. An employer who cannot provide a credible, documented explanation unconnected to the complaint is in a weak position.

What to do if you believe you have been retaliated against in Ontario

Document everything immediately

Write down the timeline of events what complaint you filed or right you asserted, when, how, and to whom. Record every adverse action that followed dates, what happened, who was involved, and any communications. Preserve emails, texts, performance reviews, and any written documentation connected to both the complaint and the subsequent treatment. Contemporaneous documentation is far more credible than reconstructed accounts.

Do not resign without legal advice

Resigning in response to retaliation even where the workplace has become intolerable can affect your legal position if the resignation is not properly framed as a constructive dismissal. Before resigning, get legal advice on whether the retaliation constitutes constructive dismissal and how to protect your claims. An unadvised resignation can reduce or eliminate entitlements that would otherwise be available.

Identify the right forum and act promptly

ESA reprisal complaints must be filed with the Ministry of Labour within one year of the last act of reprisal. Human Rights Tribunal applications must be filed within one year of the last discriminatory act. OHSA reprisal complaints to the Ontario Labour Relations Board must be filed within one year. Common law wrongful dismissal claims have a two-year limitation period from termination. Missing these deadlines generally means losing access to those remedies get advice on which forum is most effective for your specific situation.

Get legal advice before accepting any settlement or signing any release

Where your employer offers a severance package after retaliating against you, that package likely does not reflect your full entitlement including the retaliation claim itself. Signing a release permanently waives all claims arising from the employment relationship, including retaliation claims. Get the full value of your claim assessed before signing anything. Once signed, the claims are gone.

Were you fired or punished after filing a complaint or asserting your rights in an Ontario workplace?

Retaliation for good-faith complaints may give rise to ESA, human rights, and wrongful dismissal claims. Get your situation assessed before any limitation period runs out or before you sign anything.

Get Legal Advice Or call us: 1-800-771-7882

Common mistakes that weaken retaliation claims in Ontario

Delaying action each day without documentation and each week without filing narrows your options and erodes the evidence trail

Resigning without legal advice an unadvised resignation can be treated as a voluntary departure rather than a constructive dismissal, significantly affecting your entitlements

Filing with the wrong forum an ESA reprisal complaint and a Human Rights Tribunal application have different processes, timelines, and remedies; filing in the wrong place wastes time and may not preserve your claim

Accepting the initial severance offer without having your retaliation claim assessed the offer typically does not reflect the additional compensation available for the retaliation itself

Failing to document the adverse treatment as it happens reconstructed accounts of events from months ago are far less persuasive than contemporaneous notes taken at the time

Frequently asked questions about retaliation complaints in Ontario

Can my Ontario employer fire me for filing a complaint with the Ministry of Labour?

No. Ontario's Employment Standards Act, 2000 explicitly prohibits employers from penalizing or dismissing an employee for filing or intending to file a Ministry of Labour complaint. Where an employer takes adverse action connected to a complaint, the employee can file a reprisal complaint with the Ministry separate from the underlying wage claim. Reinstatement and compensation for lost wages are available remedies. The reprisal complaint must be filed within one year of the last act of reprisal.

What is the difference between an ESA reprisal complaint and a human rights retaliation application?

An ESA reprisal complaint is filed with the Ministry of Labour and relates to retaliation for asserting rights under the ESA such as requesting wages, overtime, or termination pay, or filing an ESA complaint. A human rights retaliation application is filed with the Human Rights Tribunal of Ontario and relates to retaliation for filing or participating in a human rights complaint. Both must be filed within one year. They protect different rights and involve different processes getting legal advice on which applies to your situation is important.

How long do I have to file a retaliation complaint in Ontario?

ESA reprisal complaints must be filed within one year of the last act of reprisal. Human Rights Tribunal retaliation applications must be filed within one year of the last discriminatory or retaliatory act. OHSA reprisal complaints to the Ontario Labour Relations Board must also be filed within one year. Common law wrongful dismissal claims have a two-year limitation period from the date of termination. Missing these deadlines generally eliminates your right to pursue the claim. Get legal advice promptly.

Can I claim both retaliation and wrongful dismissal in Ontario?

Yes in appropriate circumstances. Where your employer terminated you in retaliation for a complaint and the manner of the termination was in bad faith, you may have claims under statute, common law, or both. A statutory reprisal complaint can be combined with a wrongful dismissal claim where the facts support both. The remedies available through each avenue are different and may complement each other. A lawyer can advise on the best combination of claims based on your specific facts.

What compensation can I receive for retaliation in Ontario?

Remedies vary by avenue. An ESA reprisal complaint can result in reinstatement and compensation for lost wages. A Human Rights Tribunal application can result in compensation for lost income and damages for injury to dignity. A wrongful dismissal claim can result in common law reasonable notice damages. Where the manner of the retaliation was particularly harmful or in bad faith, aggravated damages may also be available on top of the standard notice award. The specific combination of remedies available depends on the facts of your situation.

Were you fired or punished for filing a complaint in Ontario?

Our team advises employees across Ontario on employment disputes including retaliation claims, ESA reprisal complaints, and wrongful dismissal. Contact us for a confidential consultation before any limitation period runs out.

Call us at 1-800-771-7882 or fill out the form below and we will be in touch.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©

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