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Forums For Adjudicating Employment Disputes

There are several fora for the adjudication of employment disputes, depending on the nature of the claim, the size of the claim, and the nature of the industry in question.

Generally speaking, the law of employment is the law of contract. Contractual disputes are generally litigated and resolved within the superior courts of the province. The Court of Queen’s Bench of Saskatchewan is the superior court in which claims are litigated in the first instance. Claims of a value of $30,000 or less may be decided by the Small Claims Division of the Provincial Court.

The Saskatchewan Employment Act deals with both unionized and non-unionized employment including the granting of collective bargaining rights, negotiation of collective agreements, strikes, and lockouts. All applications concerning union certification and some other disputes arising in the unionized setting are decided by the Saskatchewan Labour Relations Board.

The Saskatchewan Employment Act provides that all disputes between an employer and union respecting the meaning, application or alleged contravention of a collective agreement are to be determined by arbitration after exhausting any grievance procedure established in the collective agreement. Arbitration typically contemplates the appointment of a private arbitrator to adjudicate disputes.

In respect of those employees who are not unionized, The Saskatchewan Employment Act sets out minimum employment standards and entitlements. Employees may have claims under The Saskatchewan Employment Act adjudicated by the Director, whose decision is subject to an appeal to the Saskatchewan Labour Relations Board.

In respect of those employers involved in undertakings that are federal in nature, the Canada Labour Code is engaged. Disputes in federally regulated industries involving unionized workplaces are considered by the Canada Industrial Relations Board. In non-unionized, federally regulated industries, wrongful terminations may be heard by an adjudicator appointed under Part III of the Canada Labour Code .


The Main Sources Of Employment Law

In Saskatchewan, the law of labour and employment is essentially the law of contract, subject to a legislative overlay of minimum employment standards ( The Saskatchewan Employment Act), human rights ( The Saskatchewan Employment Human Rights Code, 2018 ), collective bargaining rights (The Saskatchewan Employment Act), and occupational health and safety (The Saskatchewan Employment Act and The Workers Compensation Act, 2013) .

The Saskatchewan Employment Act has application in the non-unionized sector. It sets out a number of minimum employment standards in respect of hours of work, minimum wage, vacation, and leaves. It also sets out minimum requirements which must be observed in the termination of the employment relationship.

The Saskatchewan Employment Act also applies in respect of the unionized sector. This legislation deals with the acquisition and enforcement by unions of collective bargaining rights and the oversight of unionized labour relations in the Province.

The Saskatchewan Human Rights Code, 2018 prohibits discrimination in hiring and employment on the basis of certain enumerated grounds.

The Workers Compensation Act, 2013 of Saskatchewan sets out an insurance structure which compensates workers for injuries and diseases. This program is funded by assessments on employers in the Province.

The Saskatchewan Employment Act also contains provisions with respect to workplace health and safety.


National Law And Employees Working For Foreign Companies

Saskatchewan law will apply to all employees earning wages in the Province of Saskatchewan. Where an employee receives wages outside of Saskatchewan and is only working in Saskatchewan temporarily, the law of the jurisdiction in which the contract was made is likely to apply.


National Law And Employees Of National Companies Working In Another Jurisdiction

Typically, Saskatchewan law will not apply to employees of companies working outside of Saskatchewan.


Data privacy

Saskatchewan has provincial privacy legislation that applies to the collection and use by government employers of personal information from their employees, but Saskatchewan does not have legislation that is applicable to provincially regulated private sector employers’ collection and use of employee personal information. Federally regulated employers located in Saskatchewan are subject to the requirements of the Canadian Personal Information Protection and Electronics Documents Act. Nonetheless, all private sector Saskatchewan employers are obligated as basic requirements to inform employees of the reason for collecting the personal information they may ask employees to provide. Private sector employers may also only use personal information collected from employees for legitimate and lawful purposes and must take reasonable steps to ensure the personal information of employees that they collect is kept confidential.

Legal Requirements As To The Form Of Agreement

There are no legal requirements as to the form of an employment agreement. Often, employment contracts are oral and are of an indefinite duration. They may be in writing but are not required to be. In respect of all employment contracts, the common law has implied certain terms, including an obligation on the part of the employer to provide reasonable notice to the employee of termination (unless the contract is being terminated for just cause). Where the parties have specifically addressed how a contract may be terminated and the notice of termination to which an employee will be entitled, the implied term of reasonable notice will not be imposed.

All contracts of employment, however, must meet the minimum standards set out in The Saskatchewan Employment Act, which includes a graduated notice entitlement of employees (from 1 week to 8 weeks depending on the length of the employee’s service). If the notice of termination provided under any employment contract falls below the minimum standards set out in The Saskatchewan Employment Act , the notice provision in the contract will be unenforceable. In such an event, the common law obligation on the part of the employer to provide reasonable notice of termination (the implied term) will apply, to the extent that it is greater than the statutory minimums set out in The Saskatchewan Employment Act . There is a requirement that collective agreements must be in writing.


Mandatory Requirements
  • Trial Period
  • At common law, there is no implied term to the effect that an employee is subject to a “probationary” period, but the parties may agree to one if they wish.

    The Saskatchewan Employment Act provides that an employer may terminate an employee’s employment in the first three months of employment without notice or pay in lieu of notice. This probationary period relieves the employer from providing the minimum notice under The Saskatchewan Employment Act . It does not relieve the employer from providing the notice which may be required by the terms of the contract of employment (express or implied).

  • Hours Of Work
  • The Saskatchewan Employment Act limits the number of consecutive hours that may be worked by an employee. Without the consent of the employee, no employer shall require an employee to work more than 44 hours in a week. An employer must pay an employee overtime wages if the employer requires or allows an employee to work more than eight hours per day in a five-day work-week, or more than ten hours per day in a four day work-week, or more than forty hours per week. An employer may enter into an overtime agreement with employees that provides for time off with pay instead of overtime pay. An employer may also enter into a modified work arrangement that effectively averages hours worked over a 1-to-4-week period without the obligation to pay overtime.

    Certain employees are excluded from some or all of the minimum standards set out in The Saskatchewan Employment Act.

  • Special Rules For Part-time Work
  • If an employer has 10 or more full-time equivalent employees and provides certain employment benefits to those employees, then that employer will also be required to provide those benefits to “eligible” employees who work less than 30 hours per week (subject to certain qualifying criteria).

  • Earnings
  • Employees must receive at least the minimum wage set by the Province.

  • Holidays/Rest Periods
  • Employees who work 20 hours or more per week are entitled to at least one day of rest in each work week.

    The Saskatchewan Employment Act provides that employees have a vacation entitlement of three weeks after each of the first nine years of employment and four weeks after ten years of employment. There are a number of statutory holidays that are set out in The Saskatchewan Employment Act which the employee is entitled to take off work, or alternatively, be paid additional amounts if required to work.

  • Minimum/Maximum Age
  • The employment of a child under the age of 16 is only permitted under The Saskatchewan Employment Act if the child’s parents or guardian provide consent and the young person has obtained a Young Worker Readiness Certificate. There is no compulsory retirement age.

  • Illness/Disability
  • The Saskatchewan Human Rights Act, 2018 requires that an employer may not discriminate against an employee on the basis of disability. That is, an employee with a disability must be accommodated up to the point of “undue hardship”.

    The Saskatchewan Employment Act also prohibits the termination or discipline of an employee who is absent from work due to illness provided the absence does not exceed 12 days in a calendar year in the case of an illness or injury that is not serious, or 12 weeks in a period of 52 weeks in the case of a serious illness for injury.

    Employers frequently have policies which provide that employees who are away from work on account of illness may be paid on such days. From time to time, insurance coverage is obtained by an employer, or an employee, to ensure that an employee is paid during a period of illness which qualifies for coverage under such insurance policy. In the absence of an insurance policy or sick leave policy, an employee who is absent from work due to illness is not entitled to pay.

    An employee who has completed at least 13 consecutive weeks of employment is entitled to unpaid leave of up to 26 weeks to provide time to donate and recover from an organ donation.

    An employee who has completed at least 13 consecutive weeks of employment and is a victim (or a dependent of the employee is a victim) of family violence or any sexual violence is entitled to unpaid leave of up to 10 days in a period of 52 weeks to seek medical or other attention.

  • Location Of Work/Mobility
  • The ability of an employer to direct where an employee is to fulfil contractual duties depends upon the contract of employment or collective agreement. To the extent that the employment contract does not contemplate the ability of the employer to require the employee to move locations, an employee may contend that a unilateral directive on the part of the employer to change the place of work constitutes a breach of the employment contract giving rise to a claim. Where the directive is a reasonable one contemplated by the contract of employment (expressly or impliedly) the employee will be bound to comply.

  • Pension Plans
  • Pension plans are not mandatory in Saskatchewan. However, if an employer chooses to put such a plan in place, it will be governed by The Pension Benefits Act, 1992. As in other provincial jurisdictions, there are two mandatory federal plans which apply to all employees: the Canada Pension Plan and Old Age Security.

  • Parental Rights (Pregnancy/ Maternity/ Paternity/ Adoption)
  • Under The Saskatchewan Employment Act, an employee who has been employed for at least 13 consecutive weeks is entitled to maternity or adoption leave of 19 weeks without pay. Parents (including adoptive parents who are employed for at least 13 consecutive weeks are entitled to 71 weeks of parental leave (59 weeks if the employee has taken maternity/adoption leave). The Saskatchewan Employment Act provides protection for those employees who may be on maternity/adoption or parental leave. The employer must reinstate the employee in the same or comparable position with no less pay, seniority and benefits than the employee was receiving immediately prior to the leave.

    An employee who has completed at least 13 consecutive weeks of employment is entitled to unpaid compassionate care leave of up to 28 weeks to provide care or support to a seriously ill family member.

    If the employee’s family member is critically ill, the employee is entitled to unpaid leave for up to 37 weeks in the case of a critically ill child or up to 17 weeks in the case of a critically ill adult family member, to provide care and support for the family member. As with most other leaves, an employee is only entitled to this leave after they have completed at least 13 consecutive weeks of employment.

    An employee who has completed at least 13 consecutive weeks of employment is entitled to unpaid leave of up to 104 weeks if the employee’s child dies as a result of a crime, or up to 52 weeks if the employee’s child disappears as a result of crime.

    During the employee’s permitted leave, employment is deemed to be continuous.

  • Compulsory Terms
  • Collective agreements must be for a minimum of one year and must contain a dispute resolution process failing which the parties will be subject to statutorily imposed terms and conditions. While there are no compulsory terms with respect to contracts of employment in the non-union context, all contracts of employment must provide for at least the minimum standards set out in The Saskatchewan Employment Act. Parties may not contract out of the minimum standards set out in The Saskatchewan Employment Act.

  • Non-Compulsory Terms
  • Parties to an employment contract are free to contract on such terms as they may agree provided that the statutory minimum provisions set out in The Saskatchewan Employment Act. are met.


Types Of Agreement

Employment arrangements can take many forms. Contracts of employment may be oral or in writing. They may be for an indefinite term (terminable on reasonable notice) or of a fixed term. Collective agreements under The Saskatchewan Employment Act, where employees are represented by a union as their exclusive bargaining agent, are typically more exhaustive than employment agreements in the non-unionized sector.


Secrecy/Confidentiality

All employees owe their employers a duty of honesty, loyalty, and good faith. Employees have a duty not to disclose confidential information or trade secrets learned in the course of their employment. The duty of confidentiality may continue even after the employment relationship has ended. Certain senior employees may be considered fiduciaries and held to a higher standard than others.

The parties may choose to enhance an employee’s obligation by entering into a confidentiality agreement in respect of information acquired during employment. An employee who is not subject to a confidentiality or noncompetition agreement or who owes a fiduciary duty to the employer may not take customer lists or confidential documents on departure from an employer but are generally otherwise at liberty to use information that is in their head that has been acquired during employment.


Ownership of Inventions/Other Intellectual Property (IP) Rights

Typically, inventions or innovations conceived or created by employees during the course of their employment are the property of the employer. The parties, however, can contract with one another in respect of such matters. Federal legislation governs the protection of intellectual property rights.


Pre-Employment Considerations

Except in some very limited circumstances, The Saskatchewan Human Rights Act, 2018 prohibits discrimination in hiring, or the use of an employment agency that discriminates in hiring, on the basis of religion, creed, marital status, family status, sex, sexual orientation, disability, age, colour, ancestry, nationality, place of origin, race or perceived race, receipt of public assistance, or gender identity unless the limitation, specification or preference is based on a bona fide occupational requirement. Because of these laws, an employer should not publish an advertisement nor ask for information about or express a limitation, specification or preference about any of the prohibited grounds unless the limitation, specification or preference is based on a bona fide occupational requirement.

Employers are allowed to conduct criminal record searches of prospective employees, provided there is a bona fide business reason for obtaining such information and the prospective employees consent.


Hiring Non-Nationals

Federal immigration laws apply within the jurisdiction of Saskatchewan and contain strict rules about hiring non-nationals.

However, Saskatchewan employers from all types of business can hire foreign workers through the Saskatchewan Immigrant Nominee Program. Before employers can hire foreign workers in Saskatchewan, they must register with the Ministry of Labour Relations and Workplace Safety and obtain a Certificate of Registration, as outlined under The Foreign Worker Recruitment and Immigration Services Act.


Hiring Specified Categories Of Individuals

As previously noted, except in very limited circumstances, The Saskatchewan Human Rights Act, 2018 prohibits discrimination in hiring, or the use of an employment agency that discriminates in hiring, on the basis of religion, creed, marital status, family status, sex, sexual orientation, disability, age, colour, ancestry, nationality, place of origin, race or perceived race, receipt of public assistance, or gender identity unless the limitation, specification or preference is based on a bona fide occupational requirement.

The Saskatchewan Employment Act also contains provisions which restrict the hiring of employees under 16 years old.


Outsourcing And/Or Sub-Contracting/Temporary Agency Work

There are no specific rules about out-sourcing and/or sub-contracting. However, some collective agreements in the unionized sector may restrict the ability of an employer to contract out services which might otherwise be performed by employees who are covered by a collective agreement. Whether the individual to whom the work is “contracted out” becomes an employee will depend upon the intention of the parties and the nature of the relationship between the employer and that contracted party.

Changes To The Contract

Employers may make changes to the employment contract. However, unilateral changes of a fundamental nature may amount to a breach of the employment contract. The employer may then be found liable to the extent there has been non-compliance with the termination provisions of the contract, including the implied term to provide reasonable notice. Generally speaking, unilateral changes to the contract of employment may only be imposed by the employer with reasonable notice to the employee.


Change In Ownership Of The Business

The sale of all or part of a business or a substantial part of the assets of a business gives employees certain rights. The vendor of the business will be liable to employees if their employment should come to an end as a result of the sale. The employees will be entitled to notice or pay in lieu as contemplated by their contracts of employment with the vendor. If the business carries on and the employees remain employed with the purchaser, any claim for wrongful dismissal (the failure on the part of the employer to give reasonable notice) will have been completely mitigated. Although an employee is not obliged to accept employment with the purchaser/employer, a failure to take such employment may be construed as failure on the part of the employee to take reasonable steps to mitigate damages flowing from the termination. The employee’s claim for damages against the dismissing employer may be limited accordingly. The Saskatchewan Employment Act provides that where the employees of the vendor continue to serve the purchaser, the employment will be treated as being continuous insofar as The Saskatchewan Employment Act entitlements are concerned.

In the unionized context, The Saskatchewan Employment Act allows collective bargaining rights to flow through changes in ownership so long as there is a continuation of the same business.


Social Security Contributions

Employers are required to remit Canadian Pension Plan and Employment Insurance contributions on behalf of employees. Employers are also obliged to participate in the Workers’ Compensation scheme set out in The Workers’ Compensation Act, 2013.


Accidents At Work

The Workers’ Compensation Act, 2013 contains rules relating to accidents at work. The Act provides no-fault insurance for injuries sustained at the worksite. The Saskatchewan Employment Act also sets guidelines for and enforcement of occupational health and safety regulations. Significant penalties may be imposed upon an employer if the employer has created an environment which has contributed to a workplace accident.


Discipline And Grievance

The ability of an employer to discipline employees in the non-unionized sector depends on the nature of the contract of employment. At common law, the ability to discipline has constraints. To the extent that any imposed discipline is inconsistent with the contract of employment, it may be seen as effecting a dismissal of the employee. In practice, progressive discipline is administered in the non-union context.

In the unionized sector, the ability of the employer to discipline for misconduct is set out in the collective agreement. Collective agreements typically call for progressive discipline to be applied before termination of an employee will be justified.

If an employee in the unionized context considers discipline to have been unjustly applied, access to a grievance procedure is mandated. The grievance process usually ends with a decision of an arbitrator appointed by the parties who will decide whether discipline has been justified and fairly applied.

There is no grievance process at common law. An employee who has been unjustly disciplined may treat the contract of employment as having come to an end and seek damages for the failure of the employer to terminate in accordance with the terms of the agreement.


Harassment/Discrimination/Equal pay

The Saskatchewan Human Rights Code, 2018 prohibits discrimination in employment on certain enumerated grounds. To the extent that there is any harassment rooted in those enumerated grounds, an employer may be found liable for breach of the Code, unless appropriate steps have been taken to prevent such acts or properly deal with such complaints.

It is contrary to The Saskatchewan Human Rights Code, 2018 to discriminate against employees by paying them differently for performing similar work based solely on the employee’s sex, or on the basis of any of the prohibited grounds in The Saskatchewan Human Rights Code, 2018.

Harassment which does not engage any of the enumerated grounds set out in The Saskatchewan Human Rights Code, 2018 may nonetheless engage The Saskatchewan Employment Act to the extent that the employer can be said to have failed to provide a safe workplace.


Compulsory Training Obligations

There are no compulsory training obligations in Saskatchewan, except for those as may be established by the contract of employment/collective agreement. Note however that employers have a legal obligation to ensure a safe workplace which includes the obligation to ensure that its employees are trained in all procedures, and have the skills required to perform the work in a safe manner. Failure to ensure a safe workplace can result in fines under The Saskatchewan Employment Act.


Offsetting Earnings

An employer must not deduct, set off against or claim from the earnings of an employee any sum of money, unless allowed to do so pursuant to The Saskatchewan Employment Act. Offsetting earnings is permitted when required by an enactment or judgment, when authorized by a collective agreement, or when personally authorized in writing by the employee. An employer may not deduct from earnings a sum for faulty workmanship, or cash shortages, or loss of property.


Payments For Maternity And Disability Leave

Maternity and disability leave are not typically paid leaves unless the parties agree.


Compulsory Insurance

Aside from Employment Insurance and Workers’ Compensation Insurance, there is no compulsory insurance in Saskatchewan.


Absence For Military Or Public Service Duties

An employee who has completed at least 13 consecutive weeks of employment and is a member of the reserve force is entitled to reservist leave without pay. Such an employee is entitled to be reinstated to the position occupied before the reservist leave began or be offered alternative work of a comparable nature.

Also, an employee who has completed at least 13 consecutive weeks of employment and is either seeking to be a candidate for public office or is a candidate for public office is entitled to leave without pay. Such an employee is entitled to be reinstated to the position occupied before the leave began or be offered alternative work of a comparable nature.

The Jury Act makes it an offence to dismiss and employee because they were summoned to attend to jury duty.

The Canada Elections Act and The Election Act, 1996 provides that employees who are allowed to vote in a federal or provincial election are entitled to three consecutive hours to vote.


Works Councils or Trade Unions

In Saskatchewan, workers are entitled to unionize for the purpose of collective bargaining.

The Saskatchewan Employment Act governs the formation of trade unions and the process by which they may become certified bargaining agents for employees.


Employees’ Right To Strike

Unionized employees have the right to strike under The Saskatchewan Employment Act subject to certain conditions. Where an impasse arises in the negotiation of employment terms after good faith collective bargaining, a strike vote may be taken. After a successful vote, employees may strike after notifying the employer of their intention to strike. Likewise, an employer may lockout employees where such an impasse occurs, on appropriate notice.

Some employees are considered to provide essential services and may be restricted from striking.


Employees On Strike

An employer may not fire employees who are on legal strike unless their actions during the strike amount to just cause for dismissal. Illegal strikes may give rise to the ability on the part of the employer to discipline or dismiss employees.


Employers’ Responsibility For Actions Of Their Employees

Employers are vicariously responsible for the actions of their employees where the employees are acting in the course of their employment.

Procedures For Terminating the Agreement

The contract of employment must be terminated in accordance with its terms. Where a contract expressly provides the way termination may be affected, the provisions of the contract must be observed. Where a contract is not specific about how it may be terminated, the employer will be expected to comply with any terms implied by law, including an implied term to the effect that reasonable notice of termination must be given to an employee.

The termination must also comply with The Saskatchewan Employment Act and The Saskatchewan Human Rights Code, 2018.

There is no requirement for approval by the Courts or any regulatory body before termination is effective. However, advance written notice to the Minister of Labour Relations and Workplace Safety, the affected employees, and any involved union may be required where the employer seeks to terminate 10 or more employees within a four-week period.


Instant Dismissal

Subject to the terms of the employment agreement, an employer may dismiss an employee at any time, for any reason other than those prohibited under The Saskatchewan Human Rights Code, 2018.The Saskatchewan Employment Act defines certain minimum entitlements of the employee insofar as notice of termination is concerned. Reasonable notice is not required to be provided when an employee has given “just cause” for their dismissal. “Just cause” is conduct on the part of the employee which is so inconsistent with the continuation of the employment relationship that the employer is entitled to accept the conduct of the employee as bringing an end to the employment relationship. Employees terminated for “just cause” may be dismissed without notice or payment in lieu thereof.


Employee's Resignation

An agreement may be terminated by the employee’s resignation. The resignation must occur in accordance with the terms of the employment agreement. The Saskatchewan Employment Act provides that an employee must give two weeks’ notice of resignation. At common law, an employee is obliged to provide an employer reasonable notice of the employee’s intention to terminate the employment agreement unless the manner by which the employee may resign is expressly set out in the employment contract.


Termination On Notice

Either party may terminate the employment agreement by giving notice to the other party. Notice cannot be less than the minimum standards set out in The Saskatchewan Employment Act, which varies according to the length of employment. At common law, however, there is an implied term that the notice of termination may exceed the statutory minimum. The employment agreement (including any implied term) must be observed in this respect.


Termination By Reason Of The Employee's Age

The Saskatchewan Human Rights Code, 2018 prohibits an employer from discriminating against an employee on the basis of age. However, if an employer can prove that there is a bona fide age related reason that means that the employee cannot adequately perform his or her work, then an employee may be dismissed for that reason.


Automatic Termination In Cases Of Force Majeure

An agreement may be terminated automatically in those cases where its performance is rendered impossible due to circumstances beyond the control of the parties. No notice or compensation is required to be given or paid if work is impossible to perform because of unforeseen circumstances. In such circumstances, the contract is considered to be “frustrated”. The parties are discharged from further performance. Bankruptcy, receivership, insolvency, or other adverse economic conditions do not constitute “frustration” of the contract.


Collective Dismissals

Where an employer intends to terminate the employment of 10 or more employees in a workplace within a four-week period, The Saskatchewan Employment Act requires the employer to give advance notice of that intent to the Minister of Labour Relations and Workplace Safety, the affected employees, and any involved union.


Termination By Parties’ Agreement

Employment may be terminated by the parties by agreement at any time.


Directors Or Other Senior Officers

There are no separate rules for firing directors or other senior officers. Directors and officers may be removed in accordance with The Business Corporations Act. Only to the extent that they are “employees”, as opposed to directors, does a claim for wrongful dismissal arise.

Directors can be liable for unpaid wages and unremitted statutory deductions.


Special Rules For Categories Of Employee

There are no special rules which apply to different classes of employees within an organization. However, different rules may apply in respect of those who are in a unionized environment as compared to those whose employment is covered by a contract of employment. In the unionized context, the dismissal is typically governed by the terms of the collective agreement, which will include an arbitration process and will typically contemplate the possibility of an employee’s reinstatement. At common law, reinstatement is not a recognized remedy. In respect of those employees in federally regulated industries who are covered by the Canada Labour Code, a wrongfully terminated non-managerial employee may, in limited circumstances, seek reinstatement as a result of their wrongful termination.


Whistleblower Laws

The Saskatchewan Employment Act includes whistleblower protection to protect employees from discriminatory action because the employee has either (1) reported activity that is or is likely to result in an offence, or (2) has testified or may be called to testify in an investigation or proceeding.

The Saskatchewan Human Rights Code, 2018 also prohibits any retaliatory conduct against an employee who has filed a human rights complaint or assisted with a complaint.


Specific Rules For Companies in Financial Difficulties

Terminated employees are entitled to the notice contemplated in their contract of employment (express or implied), which notice must be at least equal to the minimum statutory entitlement set out in The Saskatchewan Employment Act even where the employer is in financial difficulty. Where an employer seeks to terminate 10 or more employees, there is an obligation under The Saskatchewan Employment Act to provide advance notice to the Minister of Labour Relations and Workplace Safety, the affected employees, and any involved union.

Under The Saskatchewan Employment Act, directors of a corporation are jointly and severally liable to employees of the corporation for all wages due or accruing due, but unpaid, to a maximum of six months wages. Additionally, the federal wage earner protection program provides timely payment of eligible wages owing to workers who have lost their job because their employer has gone bankrupt or became subject to receivership. Eligible wages under the program include salaries, commissions, vacation pay, termination pay and severance pay.


Special Rules For Garden Leave

There are no special rules for employees who are provided working notice in relation to the termination of their employment, but are asked to remain away from the workplace for the duration of the notice period.


Restricting Future Activities

There are no statutory rules that encumber a departing employee’s ability to work. However, the parties are free to enter into contractual non-competition and non-solicitation agreements. Such restrictive covenants may be enforced if they are reasonably required to protect the proprietary interests of the employer. The employer must establish that the covenants are reasonable, both from a temporal and geographical perspective. To the extent that such clauses are considered to be injurious to the public interest, they will not be enforced. In the absence of restrictive covenants, employees are free to work for other employers, even those who may be in competition with the dismissing employer. All employees are restricted from removing confidential information, including customer lists. There are certain employees who, by virtue of their senior positions, are considered to be “fiduciaries” who may be restrained, for a reasonable period, from soliciting customers of a former employer.


Severance Payments

Other than the contractual (express or implied) terms, or statutory notice to which an employee is entitled, there are no other “severance” entitlements payable to an employee upon termination.


Special Tax Provisions And Severance Payments

Severance payments are taxable.


Allowances Payable To Employees After Termination

Where an employee is dismissed, there is no obligation on the employer to provide any further allowances to the employee after the termination. However, to the extent that the employee maintains a damage claim for the failure on the part of the employer to provide the employee reasonable notice of termination, the value of the employer’s contribution to any benefit plans which would have accrued during the period of reasonable notice, as well as bonuses that would have been earned during the notice period, will form part of the damage claim of the employee. Where the employee continues employment under reasonable working notice, the obligations of the employer to make contributions to the benefit plans of the employee continue.


Time Limits For Claims Following Termination

The time limit for commencing a court action in Saskatchewan for breach of an employment contract is two years from the date of the wrongful termination. To the extent an employee has a claim for unpaid wages and wishes to have the director of employment standards pursue recovery of the wages, as opposed to pursuing the matter in the courts, the employee must file a claim with the director of employment standards within 12 months after the last day on which the payment was to be made, or in the case of a dismissal within 12 months of the dismissal.

Specific Matters Which Are Important Or Unique To This Jurisdiction

Alcohol and Drug Dependency - Disability

Alcohol and drug dependency are considered disabilities under The Saskatchewan Human Rights Code, 2018 and employers are obliged to accommodate all disabled employees, including those with dependency illnesses, to the point of undue hardship. Random drug and alcohol testing are not generally permitted in Saskatchewan. Alcohol and drug tests may be administered by employers in those cases where an employer has reasonable grounds to suspect that an employee is affected by drug and alcohol, or where there has been a workplace incident to which alcohol and drug consumption may have contributed.

Public Health Emergency Leave

If a public health emergency has been declared and an employee is directed to isolate themselves by their employer, their physician, the Government, or the chief medical health officer, or the employee is required to provide care and support to the employee’s child who is affected by a direction or order of the Government or the chief medical health officer, then the employee is entitled to unpaid leave for a long as the public health emergency order is in effect.



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Jeff N. Grubb, Q.C.
Miller Thomson LLP
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© 2021, Miller Thomson. All rights reserved by Miller Thomson as author and the owner of the copyright in this chapter. Miller Thomson has granted to Multilaw non-exclusive worldwide license to use and include this chapter in this guide and to sublicense Lexis Nexis, a division of RELX Inc. and its affiliates certain rights to use and distribute this Guide.

The information in the How to Hire and Fire Guide provides a general overview at the time of publication and is not intended to be a comprehensive review of all legal developments nor should it be taken as opinion or legal advice on the matters covered. It is for general information purposes only and readers should take legal advice from a Multilaw member firm.

Publication Date: June 2021