Which acts by a worker bring the prohibition on dismissal or other disadvantageous treatment into play, and who is bound by it?
General information · Not legal advice
Material to check
In a practice file of this kind, we check the papers showing each act the provision lists: the application for correction of discriminatory treatment, the record of attendance and statement before the Labour Relations Commission, the application for re-examination, the administrative litigation papers, and any report of non-compliance with a correction order.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes each item on its own terms: where a worker has made an application for correction of discriminatory treatment under the provision on that application, attended and given a statement before the Labour Relations Commission, applied for re-examination or brought administrative litigation, or reported non-compliance with a correction order, the employer may not dismiss the worker or give other disadvantageous treatment for that act.
Another reading notices what the provision does not say: it names no test for what counts as disadvantageous treatment beyond dismissal, and it names no remedy, so the file has to show what the employer actually did after the protected act, and how that act and the treatment are connected.
Your judgment
How should a file show that the disadvantageous treatment came because of the protected act, and not for some other reason?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add a further protected act or a test for disadvantageous treatment, or if a decision explains how the connection between the act and the treatment is shown.