The Saskatchewan Labour Relations Board will consult with the adjudicator to set a time, day, and place for the appeal or hearing. Written notice will be provided to the employer, affected employees, corporate directors and the Director of the Occupational Health and Safety Division.
The adjudicator determines the procedures by which an appeal is conducted. Adjudicators are not bound by the normal rules of evidence law, and may accept any evidence they consider appropriate.
If a person who is directly affected by an appeal has been given notice of the appeal, the adjudicator may proceed in their absence. Furthermore, adjudicators, at their discretion, may use simultaneous telecommunications to conduct a proceeding. This allows the process to work without everyone having to be in the same physical location.
Each party in an appeal may represent themselves or choose to have someone else represent them during the appeal process. Typically, this could mean an employer representative or a lawyer.
The adjudicator’s decision will be based on the evidence presented during the hearings. When the hearings have ended, the adjudicator can choose to accept or dismiss the appeal; or revoke, change, or accept the original decision as written.
The decision of an adjudicator can be appealed to the Saskatchewan Labour Relations Board if the appeal is pursuant to a question of the law. Under certain circumstances a decision of the Saskatchewan Labour Relations Board can be appealed to the Saskatchewan Court of Appeal.
For more information on appealing a decision to the Saskatchewan Labour Relations Board, please contact the Saskatchewan Labour Relations Board at 306.787.2406 (Regina), or visit their website at http://www.sasklabourrelationsboard.com.
It is important to note that section 4-4(5) of The Saskatchewan Employment Act states that a 'technical irregularity' does not invalidate the proceeding of a hearing or the outcome of an appeal. This means that a technical or procedural error during the appeal process will not nullify or void the outcome of an appeal.