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
3162 Third Avenue, Main Floor
Whitehorse, Yukon Y1A 1G3

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.