Reprisals
Did you know?
Employers cannot discriminate against an employee because the employee has:
- made a complaint under the Act; or
- testified or will testify in proceedings related to the enforcement of the Act.
Employers cannot take or threaten to take any reprisal, or discriminate or threaten to discriminate, because the employee has:
- reported or proposed to report an activity to a lawful authority* that is or is likely to result in an offence pursuant to a PEI or federal Act; or
- testified or may be called to testify in an investigation or proceeding pursuant to a PEI or federal Act
except where the actions of the employee are frivolous or vexatious.
*Lawful authority means a person directly or indirectly responsible for supervising the employee, a police or law enforcement agency, or a person whose duties include the enforcement of federal or provincial law.
Employers cannot dismiss, lay off or suspend an employee that:
- is pregnant, temporarily disabled because of pregnancy or has applied for a maternity, parental or adoption leave; or
- has been granted any leave provided for under the Act for reasons arising from the leave alone.
Employers cannot penalize an employee that has refused to work or provided a notice of refusal to work on a Sunday.
Employers or persons acting on their behalf cannot intimidate, dismiss or otherwise penalize an employee or threaten to do so because the employee has:
- asked about the employee’s pay or pay policies;
- disclosed their pay to another employee;
- given information about the employer’s compliance or non-compliance to the Department; or
- asked the employer to comply with pay transparency requirements.
Source: Employment Standards Act – s. 18, 16.1, 23.3, 35, 36.1, 5.10 (Amended June 1, 2022)
