An employer must not take a reprisal against an employee or direct that one be taken against an employee because the employee has, in good faith:

  • sought advice about making a disclosure from a supervisor, a designated officer or the Public Interest Disclosure Commissioner;
  • made a disclosure;
  • co-operated in an investigation under the Public Interest Disclosure of Wrongdoing Act (PIDWA); or
  • declined to participate in a wrongdoing.

A reprisal is defined in the PIDWA as:

  • a disciplinary measure,
  • a demotion,
  • termination of employment,
  • any measure that adversely affects an employee's employment or working conditions, or
  • a threat to take any of these measures.

Reprisal complaints can be made to the office of the Public Interest Disclosure Commissioner (PIDC).

If you use a complaint or reprisal procedure under a Yukon or federal law in respect of a complaint of reprisal, a collective agreement, or an employment agreement or policy of the public entity, the PIDC is not allowed to investigate and must cease its investigation immediately.

reprisal

 

What happens to someone who commits a reprisal?

If the PIDC finds that a reprisal occurred, they can make any recommendations that they deem appropriate to remedy the reprisal. A person who commits a reprisal may be found guilty of an offence under the PIDWA and be required to pay a fine up to $10,000.

An employee who alleges a reprisal may file a written complaint with the Public Interest Disclosure Commissioner (PIDC). 

Settlement of complaint of reprisal

The PIDC may take any steps they consider appropriate to help settle the complaint, during or after an investigation into a complaint of reprisal. The terms of any proposed settlement relating to the remedy to be provided to the employee who made the complaint of reprisal, must be agreed upon by the employee and the individual in the affected public entity with the authority to implement the remedy.

Opportunity to make representations

Prior to finalizing a final investigation report, the PIDC must provide the draft report to the public entity with a reasonable opportunity to make representations respecting it. If the PIDC believes that the public entity did not co-operate in the investigation of the complaint of reprisal, the PIDC may make a report of that to the responsible Minister or the chair of the governing body of the public entity if it is a corporation or board.

Decision of public entity

Within 30 days of receiving the PIDC's final investigation report, the public entity must:

  • decide whether to follow any recommendations in the report; and
  • give written notice of its decision to the PIDC and to any individuals who were notified of the complaint of reprisal.

If the public entity agrees to follow the recommendations of the PIDC, the public entity must take any action required to implement the recommendations as soon as is reasonably practicable.

If the public entity does not give notice within 30 days, the public entity is deemed to have decided not to follow the recommendations of the PIDC. The case may then go to arbitration.