Employment Law in Saskatchewan – A Guide
Employment law covers a broad range of employee rights, terminations and wrongful dismissals, workplace harassment and discrimination, employment contracts, and workplace policies – all within either federal or provincial jurisdictions. Employment law also frequently intersects with other areas of law including Labour, Human Rights, Occupational Health and Safety and Privacy.
Provincial or Federal Regulation?
The first step in determining employment law entitlements in Canada is to determine whether you are in a provincially regulated or federally regulated workplace. By default, most work will fall within the provincial sphere, however employers in a “federal work, undertaking or business” are federally regulated. Examples include:
• Air transportation (airlines, airports, aircraft operations)
• First Nations Band Councils (and certain on reserve services)
• Interprovincial and international railways
• Grain elevators, feed warehouses, grain-seed cleaning plants
• Banks
• Interprovincial and international transportation
• Telecommunications
• Radio and television
• Interprovincial and international pipelines
• Uranium mining and processing
It is worth noting that some employers have operations that are not within exclusive federal jurisdiction and will therefore be subject to provincial regulation. This determination is not always clear, but understanding the potential implications is important to preserving your employment rights.
Union or No Union?
Another question to ask early on is whether or not you are in an in-scope role in a unionized environment. Unionized employees have particular rights pursuant to both legislation and their negotiated Collective Bargaining Agreement with the employer. Union members also have certain rights to representation by their Union that are likely to impact where and how they seek advice. When you are a part of a union, a good first step during times of conflict or uncertainty is often to speak to your Union Representative.
Non-unionized employees also have rights pursuant to legislation and may have additional rights based on the terms of their individual employment contracts.
Employment Legislation in Saskatchewan
Provincially, The Saskatchewan Employment Act, SS 2013, c S-15.1 and its regulations (most notably The Employment Standards Regulations, RRS c S-15.1 Reg 5) provide employment rights for both non-unionized (Part II) and unionized (Parts II and VI) employees. Part III of The Saskatchewan Employment Act and the Occupational Health and Safety Regulations, RRS c S-15.1 Reg 10 regulate occupational health and safety in Saskatchewan and provide employees with additional rights, including the right to refuse unsafe work.
Although most workplaces fall into the general legislative framework, certain industries have their own legal framework for some rights (e.g., essential services, construction, mines, in-home care providers). It is therefore important to consider the work being done by the employer and the employee before determining the applicable framework.
It is important to remember that The Saskatchewan Employment Act provides the minimum standards of employment, including minimum wages, recognition of holidays, holiday pay, hours of work, rest periods, entitlement to leaves, and notice periods for termination. An employee’s contract (or a collective bargaining agreement) may raise these standards, but it cannot lower them. So, for example, an employee who has been terminated can have access to severance on the basis of common law (similar legal cases) or a contract that increases the minimum entitlement to severance provided by The Saskatchewan Employment Act, but they cannot be entitled to any less than the statutory requirement. Similarly, an employer could choose to offer additional holidays or vacation time to employees as an employment incentive, but they cannot choose to offer less than those required by legislation.
Federal Employment Legislation
Federal works are regulated by the Canada Labour Code, RSC 1985, c L-2 and its regulations (notably the Work Place Harassment and Violence Prevention Regulations, SOR/2020-130 and the Canada Occupational Health and Safety Regulations, SOR/86-304). There are important distinctions in the way in which federal works are regulated, and it is important to be aware of the correct jurisdiction in order to determine employee rights. For example, the Canada Labour Code has different provisions applicable to group terminations and the minimum reasonable notice periods are not the same as those provided in Saskatchewan’s legislation.
Human Rights Legislation
Although it is its own area of law with its own legislation (provincially, The Saskatchewan Human Rights Code, SS 1979, c S-24.1, and federally, the Canadian Human Rights Act, RSC 1985, c H-6), human rights issues are frequently raised in the workplace. Whether it is alleged discrimination in the hiring process, on the job discrimination (including through a failure to accommodate or discriminatory practices), or a discriminatory termination there is frequent overlap between human rights and employment law.
In Saskatchewan, The Saskatchewan Human Rights Code, 2018 prohibits discrimination based on certain protected grounds including religion, sex (including pregnancy or pregnancy-related illness), sexual orientation, disability, age, family status (i.e. dependents), marital status, ancestry, race or perceived race, nationality, receipt of public assistance or gender identity. The Canada Human Rights Act provides generally the same protection although it notably excludes receipt of public assistance, but includes gender expression, genetic characteristics, and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
Employee Rights and Employer Obligations
Employment law determines many employee rights and employer obligations such as the following:
• Terminations (with and without cause)
• Severance and reasonable notice
• Work hours, schedules, and overtime
• Rest periods and meal breaks
• Minimum wage (including minimum call-in pay)
• Vacation entitlement and pay
• Public holidays and holiday pay
• Employment leave entitlement and duration (maternity, paternity, parental, organ donation, medical, bereavement, interpersonal violence, family care, etc.)
• Workplace accommodations
• Layoffs
Employees will find these rights in the applicable legislation, their individual employment contracts, employer policies, and/or their unions’ collective bargaining agreements.
As indicated above, employees and employers have a broad range of rights and responsibilities under the applicable legislation. The Courts in Saskatchewan take employment rights seriously and recent trends have seen significant severance awards in the case of without cause terminations. In particular, there appears to be a general trend towards higher awards especially where employers act in an unfair manner during or after the termination (these additional awards are in the form of “moral damages” as compensation for the way in which the termination was executed). Employers should be aware of common pitfalls and ways to mitigate potential exposure when terminating employees (especially without cause) and employees should be aware of when, what, and how to make a claim against their former employers.
There is no “one size fits all” answer to most employment law questions – they are answered by reviewing all of the applicable pieces that come together to shape employee and employer rights. Many issues may relate to multiple pieces of legislation, include human rights or other related aspects, and individual or group contracts. Legal counsel who specialize in this area can help you to determine and protect your rights, or limit your exposure to potential claims.
Need Assistance?
Our office is experienced with reviewing, drafting and advising on contracts and workplace policies. Note that employment laws are governed provincially and may differ from jurisdiction to jurisdiction. It is important to obtain advice specific to your jurisdiction. Consult our team for your questions and for assistance with your contracts and workplace policies.
The above information is provided for information purposes only and does not constitute legal advice.