Employment Standards investigates employee complaints alleging unpaid wages. When it is determined wages are owed, a report will be provided to the employer outlining payment instructions.
If the employer does not comply with the report, Employment Standards may issue a Wage Assessment. A Wage Assessment is a legal document stating the amount of unpaid wages that an employer and/or corporate director(s) owe(s).
Once the Wage Assessment has been served, the employer has 15 business days to pay the amount claimed or to file an appeal.
If an employer disagrees with the wage assessment, they can appeal. An appeal must:
- be in writing;
- include reasons for the appeal; and
- include a deposit.
The deposit is the amount of the Wage Assessment (up to a maximum $500). If the assessment is upheld, the deposit will be used toward payment of the wage claim. If the Assessment is overturned, the money will be refunded to the employer.
Appeal notices can be mailed to:
Director, Employment Standards
Ministry of Labour Relations and Workplace Safety
300-1870 Albert Street
Regina, Saskatchewan S4P 4W1
Appeals can also be faxed to 306-787-4780. Deposits for faxed appeals must be mailed separately.
If mailing an appeal, it is recommended employers use certified or registered mail. This will help ensure the appeal is delivered within the 15 business day limit.
Once the appeal documentation and deposit are received, the Division will notify the Saskatchewan Labour Relations Board there is an appeal. The Board will appoint an adjudicator and contact the parties to set up a hearing.
Adjudicators are independent of the Employment Standards Division. They have the authority to uphold, change or revoke the Wage Assessment. Adjudicators hear all evidence and arguments from the parties.
Once the hearing ends, the adjudicator has 60 days to publish a written decision. The adjudicator’s decision can be appealed to the Saskatchewan Labour Relations Board. The Board’s decision can be appealed to the Saskatchewan Court of Appeal.
All Wage Assessments that are not appealed, or where appeals have been exhausted, become a Director’s Certificate. The Director’s Certificate is the final outcome on any wage complaint. The Certificate is filed with the Court of Queen’s Bench, where it has the force and effect of a monetary judgment issued by the Court.