Discriminatory Action Appeals

Employment Standards strives to work with employers and employees to resolve discriminatory action complaints at the investigative stage.

If this is not possible, then both employees and employers and liable corporate directors can formally appeal the notice of decision and/or wage assessment by engaging in the process detailed below.

Employees and employers and liable corporate directors may appeal the Notice of decision and/or Wage Assessment served on them. Appeals of wage assessments may be specifically for the amount owed.

Appeals must be served on the Employment Standards Branch within 15 business days after the Notice of Decision and/or Wage Assessment have been served.

Appealing the Notice of Decision and Wage Assessment to an Adjudicator

Once the Employment Standards Branch receives the notice of appeal, the Labour Relations Board Registrar is informed that an appeal has been filed. The Registrar is responsible for:

• Selecting an adjudicator; and
• Consulting with the adjudicator and the parties involved to set:
  • a time;
  • a date; and
  • a place for the Hearing.

Once notified that an adjudicator has been selected, the Employment Standards Branch will forward any information it has related to the appeal to the adjudicator, including copies of the notice of decision, wage assessment (if applicable), and the notice of appeal.

If Employment Standards receives an appeal and a correct appeal deposit outside the 15 business days in the legislation, the adjudicator may decide that they lack the jurisdiction to hear the appeal. In these cases, if the adjudicator decides that the wage assessment was not appealed correctly by law, the wage assessment continues to be in effect and the wages may be recovered.

Adjudicators

Adjudicators are independent of Employment Standards and are responsible for hearing all evidence and arguments from each party. They determine how the hearing will be conducted. They are not bound by the normal rules of evidence, meaning that they may accept any evidence they consider to be appropriate.

Hearings

Appellants may represent themselves or have a lawyer or another person act on their behalf at a hearing. These hearings require all information relating to the decision and the appeal to be presented to the adjudicator. The parties to the appeal are not required to be physically present at a hearing and can attend by phone or video if the Adjudicator permits it. Appellants may be required to present additionally relevant documents, provide testimony or testify during a hearing.

Adjudicator’s Decision

Following the hearing, the adjudicator can choose to accept or dismiss the appeal or vary the amount of the wage assessment (if applicable).

The Adjudicator must provide written reasons for the decision to the Board, the Employment Standards Branch, and any other party to the appeal within 60 days of the end of the hearing. If a decision is not received after 60 days, Employment Standards may contact the Adjudicator to request their decision. If the 60-day timeline is passed and a decision has not been made, the Board can compel the adjudicator to produce a decision. If, for any reason, the adjudicator does not provide a decision, the Board can appoint a new Adjudicator.

Appealing the Adjudicator’s Decision to the Labour Relations Board

If an employee, employer, or corporate director does not agree with the Adjudicator’s decision, a notice of appeal on a question of law may be filed with the Board within 15 business days of receiving the decision.

If the Employment Standards does not agree with the Adjudicator’s decision, they can file a Notice of Appeal with the Board within 30 business days of the date the decision was served. An appeal to the Board by the director can be based on a question of law or a question of mixed law and fact.

The appellant is required to provide copies of the notice of appeal to the same parties involved in the appeal to the adjudicator. The appellant is also responsible for providing case documents (known as a record of appeal), which includes:

• the Notice of decision;
• the Wage assessment (if applicable) or notice of hearing;
• the Notice of appeal;
• any documents filed with the adjudicator during the Hearing;
• the written decision of the adjudicator;
• the notice of appeal to the Board; and
• any other documents required by the Board.

Once the Board reviews the notice of appeal and record of appeal, it has the authority to affirm, amend, or cancel the Adjudicator’s decision. They can also send the decision back to the adjudicator for amendment. Once an appeal is submitted to the Board, the adjudicator’s decision is still in effect, unless the Board orders otherwise.

Appealing the Board’s Decision to the Court of Appeal

A request for leave to appeal the Board’s decision on a question of law can be made to the Court of Appeal by the employee, employer, corporate director, or Employment Standards within 15 business days of receiving the Board’s decision. The rules of the Court of Appeal apply.

If it is found that discriminatory action has occurred, the employee, the employer or a liable corporate director may appeal the notice of decision and/or wage assessment. The notice of appeal must be submitted in writing to the Employment Standards and must state:

• the names of the individuals directly affected by the decision;
• the decision being appealed;
• the reasons for the appeal; and
• how the situation should be corrected.

No appeal deposit is required.

If it is found that discriminatory action has not occurred, an employee can appeal the notice of decision.

Appeal notices can be made in person or by ordinary or registered mail, courier, fax, or e-mail.

Appeals are accepted at any Employment Standards office. It is recommended you contact our call center at 1-800-667-1783 for that office’s operating hours.

If appealing by mail, using a courier, certified or registered mail will help ensure that the appeal is delivered within the 15-business-day limit and provide a record of delivery.

E-mail appeals can be sent to the e-mail address on the wage assessment or to employmentstandards@gov.sk.ca and are considered received on the next business day after they are sent.

Please know that to be eligible to appeal, the appeal notice and deposit must be received by Employment Standards within the 15-business-day time limit. Otherwise, an adjudicator may find that the appeal did not meet the legislative requirements, in which case they do not have jurisdiction to hear the appeal. If so, the wage assessment will be upheld.

An employer, employee, or corporate director may withdraw their appeal by serving a written notice on:

• employment standards;
• the other parties to the appeal; and
• the Adjudicator, if one has been selected.

Refer to Part IV of The Saskatchewan Employment Act to learn more about the legislation regulating appeals.

The Labour Relations Board is an independent, quasi-judicial tribunal, responsible for hearing appeals of an Adjudicator's decision involving employment standards matters (Part II) of The Saskatchewan Employment Act.

The Court of Appeal reviews decisions made by the Court of King's Bench, Provincial Court and certain tribunals, such as the Labour Relations Board, to determine if the judge or tribunal or adjudicator made material errors. The court of appeal may dismiss the appeal, allow the appeal and order a new trial or hearing, or allow the appeal and change the order of the lower court or tribunal.