What is the test for reprisal in an employment tribunal case?
Ontario, Canada
The following excerpt is from Sourial v. Dana Hospitality GP Inc., 2019 HRTO 50 (CanLII):
As stated in Noble v. York University, 2010 HRTO 878, at para. 31: Unlike an allegation of discrimination, where intention is not a necessary element to prove a violation, where reprisal is alleged, the complainant must establish that the action was taken with an intent to punish or retaliate.
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