2022 Manitoba Workplace Safety and Health Act and Regulation

Referring a complaint to an officer 
42.1(1) A worker who believes on reasonable grounds that the
employer or union has taken a reprisal against him or her for a
reason described in section 42 may refer the matter to a safety
and health officer.
Time limit
42.1(1.1) A referral under subsection (1) must be made within six months
after the date of the alleged reprisal.
Order
42.1(2) If a safety and health officer decides that an employer or union
has taken a reprisal against a worker for a reason described
in section 42, the officer shall make an order requiring the
employer or union to do one or more of the following:
(a) stop the reprisal;
(b) reinstate the worker to his or her former employment on the
same terms and conditions on which the worker was formerly
employed;
(c) pay the worker any wages the worker would have earned
had he or she not been wrongfully subjected to a reprisal and
compensate the worker for loss of any benefits;

---

The Workplace Safety And Health Act
44
(d) remove any reprimand or other reference to the matter from any
employment records the employer maintains about the worker.
Officer to advise if no reprisal
42.1(3) If a safety and health officer decides that no reprisal was taken
against a worker for a reason described in section 42, the officer
shall inform the worker in writing of the reasons for that decision.
Onus on employer or union
42.1(4) If, in a prosecution or other proceeding under this Act, a worker
establishes
(a) that a reprisal was taken against him or her; and
(b) that the worker conducted himself or herself in a manner
described in section 42;
it shall be presumed that the reprisal was taken because of the
worker’s conduct. The onus is then on the employer or union to
prove that the decision to take the reprisal was not influenced by
the conduct.