What Is A Reprisal Under The Human Rights Code?

A recent case from Ontario's Human Rights Tribunal is a stark reminder of how important record keeping can be when managing employee performance and productivity issues.

The Case

In McConaghie v Systemgroup Consulting Inc., the employee was a well-performing female salesperson in a predominantly male workplace, in a male-dominated industry.  She experienced a divorce, which led to a decrease in her production, but the employer supported her and gave her time and space to return to her previous performance level.

Shortly after the employee's divorce, the employer hired a new Vice-President of Sales.  Part of this new VP's strategy was to host certain customer appreciation events.