In the recent decisions of Vanessa Braganza v. Randstad Canada, 2025 CanLII 112295 and 2026 CanLII 46836, the Ontario Labour Relations Board found that an employer engaged in illegal reprisal after an employee raised health and safety concerns. The decision serves as a significant warning regarding the financial and legal consequences of penalizing workers for exercising their statutory rights.
Background
Vanessa Braganza, a former employee of Randstad Canada, brought a reprisal complaint under section 50 of the Occupational Health and Safety Act (“OHSA”) after raising workplace health and safety concerns and participating as a witness in an internal workplace investigation. Representing herself, she alleged that shortly after engaging in these protected activities, she experienced adverse changes to her employment conditions that ultimately culminated in her dismissal.
The Law
Section 50 of the OHSA prohibits employers from terminating, disciplining, or otherwise penalizing employees for raising health and safety concerns or participating in workplace investigations, while section 96 of the Labour Relations Act, 1995 empowers the Ontario Labour Relations Board (the “Board”) to award compensation for wage loss in reprisal cases. The Board also considered the duty to mitigate, noting that although terminated employees are expected to make reasonable efforts to find new employment, the employer bears the burden of proving a failure to mitigate. In addition to lost wages, the Board may award damages for injury to dignity and mental distress.
The Board’s Decision
Applying these principles, the Board concluded that Randstad had committed a clear reprisal against Ms. Braganza, emphasizing that employees must be able to participate in workplace investigations without fear of retaliation for statutory protections to remain effective. The Board found that the adverse actions occurred in close temporal proximity to her complaints and participation in the investigation, establishing a sufficient connection between her protected activities and the employer’s conduct.
Randstad failed to demonstrate that its decisions were unrelated to Ms. Braganza’s exercise of her rights under the OHSA, and the Board concluded that the employer had engaged in an unlawful reprisal.
In addition to awarding lost wages from the date of her termination until the conclusion of the hearing, the Board found that the employer’s actions caused significant injury to her dignity and mental distress. As a result, Ms. Braganza was awarded a total compensation package of nearly $200,000, with the decision underscoring the importance of ensuring that employees can report health and safety concerns and participate in workplace investigations without fear of retaliation.
The Boardrejected the employer’s argument that she would have been laid off due to restructuring, finding the evidence insufficient to reduce her wage loss claim, and determined that she had fulfilled her duty to mitigate by documenting approximately 700 job applications. As a result, the Board awarded her nearly $200,000 in compensation for lost wages, mental distress, and injury to dignity.
Takeaways
This decision highlights several important lessons for employers seeking to minimize liability in reprisal cases. Employers should treat all employees who raise workplace health and safety concerns or participate in investigations as protected under section 50 of the OHSA and ensure that any resulting investigations are conducted impartially. Where adverse employment actions, such as changes in duties or termination, occur shortly after a protected activity, employers should maintain clear, credible, and contemporaneous documentation demonstrating that the decision was unrelated to the employee’s complaint. The nearly $200,000 award also underscores the significant financial consequences of reprisals, illustrating that damages for lost wages, mental distress, and injury to dignity can result in substantial liability.
Contact JPAK Employment Lawyers for more information on workplace investigations, reprisals, and OHSA compliance.
