Here's the difference. Things can be done that are perfectly legal within the collective agreement which negatively impact the employee; they could be attached to performance or other things, but they're being done for the purpose of reprisal.
Having a reverse onus in the act is another option. I can tell you that we do grieve things through the grievance process that have happened to employees that are probably reprisals for their speaking up, but it can't be the only avenue, because often it's not something—