Yukon Ombudsman Yukon Information and Privacy Commissioner Yukon Public Interest Disclosure Commissioner

Yukon Public Interest Disclosure Commissioner

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 (OPIDC).

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

PLEASE NOTE

Your complaint must be made within 90 days from the date of the reprisal.

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, the OPIDC has developed the Reprisal Complaint Form made available for download below. 

 

Submit your completed form by:

Fax:

867-667-8469

Mail or deliver in person:

Office of the Public Interest Disclosure Commissioner
211 Hawkins Street, Suite 201
Whitehorse, Yukon Y1A 1X3

What happens to someone who commits a reprisal?

If the PID Commissioner finds that a reprisal occurred, she can make any recommendations she 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.

 

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Relevant FAQs

What is a reprisal?

A reprisal is defined as discipline, demotion, termination, adversely affecting employment or working conditions, or threats to do these things to an employee who in good faith made a disclosure, sought advice about making a disclosure, cooperated in a disclosure investigation, or declined to participate in a wrongdoing.

It is an offence to take a reprisal against an employee and a person found guilty of this offence is subject to a fine up to $10,000.

How do I make a complaint about reprisal?

You may make a complaint about reprisal to the 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.

The PIDWA requires a reprisal complaint to be in writing and include: a description and date of the relevant wrongdoing; a description of the reprisal taken against the employee; a description and date of the alleged reprisal; the name of the reprisor(s), any information required by the regulations to PIDWA, and any additional information required by the PIDC to investigate the complaint.

Are there limitations on my ability to make a reprisal complaint to the PIDC?

If you make a reprisal complaint using a procedure under a Yukon or federal law, a collective agreement, an employment agreement or policy of the public entity, the PIDC is not allowed to investigate. Plus, if you make a complaint using any one of these procedures during an investigation by the PIDC, the PIDC must stop investigating.

All FAQs