Google Translate Disclaimer
A number of pages on the Government of Saskatchewan's website have been professionally translated in French. These translations are identified by a yellow box in the right or left rail that resembles the link below. The home page for French-language content on this site can be found at:
Where an official translation is not available, Google™ Translate can be used. Google™ Translate is a free online language translation service that can translate text and web pages into different languages. Translations are made available to increase access to Government of Saskatchewan content for populations whose first language is not English.
Software-based translations do not approach the fluency of a native speaker or possess the skill of a professional translator. The translation should not be considered exact, and may include incorrect or offensive language. The Government of Saskatchewan does not warrant the accuracy, reliability or timeliness of any information translated by this system. Some files or items cannot be translated, including graphs, photos and other file formats such as portable document formats (PDFs).
Any person or entities that rely on information obtained from the system does so at his or her own risk. Government of Saskatchewan is not responsible for any damage or issues that may possibly result from using translated website content. If you have any questions about Google™ Translate, please visit: Google™ Translate FAQs.
Parts III and IV of The Saskatchewan Employment Act outline the appeal processes for occupational health and safety matters, harassment and discriminatory action. After conducting inspections, Occupational Health Officers will provide a decision and what corrective action is needed, if any, for matters regarding harassment and discriminatory action. Decisions made by the Officers can be appealed by anyone directly impacted.
Please note, the Director of Occupational Health and Safety and the Occupational Health and Safety Division will not advocate for either party within the appeal process.
An appeal is a challenge to a decision of a government employee who administers and enforces The Saskatchewan Employment Act.
Anyone who is directly affected by a decision can formally request an appeal. This can be any of the following persons:
Any appeal of an Officer's decision involving harassment or discriminatory action is to be heard by an adjudicator. An appeal must be filed in writing with the Director of Occupational Health and Safety within 15 business days of the date the Officer's decision was received by the person.
The Director will notify the Labour Relations Board. The Registrar of the Labour Relations Board is informed that an appeal has been filed. The Registrar is responsible for:
The director will forward to the appointed adjudicator the Notice of Appeal, all information in the director's possession that is related to the appeal, and a list of all persons who are directly affected by the decision.
Following the hearing, the adjudicator can choose to allow the appeal, dismiss the appeal or vary the decision being appealed.
The adjudicator must provide a written decision to the Labour Relations Board, the Director of Occupational Health and Safety, and any other party to the appeal within 60 days after the date of the hearing of the appeal is completed or one year from the date the adjudicator was selected, whichever is the earliest of the two. If the timeline is passed and a decision has not been made, any party to the appeal may apply to the Court of Queen's Bench for an order directing the adjudicator to provide his/her decision.
Adjudicators are independent of the Occupational Health and Safety Division and are responsible for hearing all evidence and arguments from each party. They determine how a 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.
If the person or persons who are directly affected by the decision or the Director of Occupational Health and Safety does not agree with the adjudicator's decision, a Notice of Appeal may be filed with the Labour Relations Board within 15 business days of receiving the decision. An appeal to the Labour Relations Board can only be based on a question of law.
The Board has the authority to affirm, amend or cancel the adjudicator's decision. They can also send the decision back to the adjudicator for amendment with any directions that the Board considers appropriate. Once an appeal is submitted to the Board, the adjudicator's decision is still in effect, unless the Board orders otherwise.
An application for leave to appeal the board's decision can be made to the Court of Appeal within 15 business days of receiving the board's decision. This Court will then determine if it will hear the appeal.
The Notice of Appeal can be mailed to:
Occupational Health and Safety Division
Ministry of Labour Relations and Workplace Safety
300-1870 Albert Street
Regina, SK S4P 4W1
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. Appeals can also be faxed to 306-787-2208 or sent by email to firstname.lastname@example.org.
To appeal the adjudicator's decision to the Labour Relations Board, the appellant is required to provide copies of the Notice of Appeal to the same parties involved in the appeal to the adjudicator.
We need your feedback to improve saskatchewan.ca. Help us improve