What is the test for an allegation of reprisal?
Ontario, Canada
The following excerpt is from Venturini v. FCA Canada Inc., 2017 HRTO 966 (CanLII):
To establish reprisal, the applicant must establish that the respondents took action against him or made threats that were intended to retaliate against him for asserting his human rights. Noble v. York University, 2010 HRTO 878 at paragraphs 33 and 34. The applicant has not asserted that he complained, formally or informally, of violations of his human rights while employed by the organizational respondent or that the respondents retaliated against him for so doing. In these circumstances, the applicant’s allegation of reprisal has no reasonable prospect of success.
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