Navigating Retaliation Claims in the Workplace

Introduction

Retaliation against employees who file complaints can lead to severe legal consequences. The case of Morgan v. Herman Miller Canada Inc., 2013 HRTO 650, serves as a cautionary tale.

Case Overview

After Mr. Morgan raised concerns about racial discrimination, he was terminated by his employer. The Human Rights Tribunal of Ontario found that his dismissal was an act of reprisal for making a human rights complaint, resulting in significant financial penalties for the employer. 

Best Practices

• Prohibit Retaliation: Implement strict anti-retaliation policies within your organization.

• Foster Open Communication: Encourage employees to voice concerns without fear of reprisal.

• Monitor Post-Complaint Actions: Ensure that no adverse actions are taken against employees who have filed complaints.

Create a safe environment for your employees. Let LJ Investigations assist you in developing policies and conducting investigations that prevent retaliation claims