Are you the target of a reprisal?

If you are an employee of a public entity who in good faith:

• made a disclosure of wrongdoing,
• sought advice about making a disclosure,
• cooperated in an investigation,
• or declined to participate in a wrongdoing

you may be protected from reprisal under the Public Interest Disclosure of Wrongdoing Act (PIDWA).

What is a reprisal? 

A reprisal is defined in the PIDWA as:

a) a disciplinary measure,

b) a demotion,

c) termination of employment,

d) any measure that adversely affects an employee's employment or working conditions, or

e) a threat to take any of these measures

taken against an employee who in good faith made a disclosure, sought advice about making a disclosure, cooperated in an investigation, or declined to participate in a wrongdoing.

Can I make a reprisal complaint? 

You may make a complaint about reprisal to the office of the Public Interest Disclosure Commissioner (PIDC).

Your complaint must be made within 90 days from the date of the reprisal unless the PIDC decides it is appropriate in the circumstances to allow the complaint to be made after 90 days.

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

How do I make a reprisal complaint?

Complaints of reprisal must be in writing and to fulfill that requirement. Please contact us for a copy of the Reprisal Complaint Form.

This form can then be submiited using secure file transfer or deliver it in person to the PIDC; do not email the form as this is not a secure method of communication. If you have any questions while completing the form, you may seek advice or contact our office for more information. 

What happens to someone who commits a reprisal?

If the PIDC finds that a reprisal occurred, he can make any recommendations he deems 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.