Occupational Health and Safety Harassment and Discriminatory Action Appeals

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:

• worker;
• employer;
• self-employed person;
• contractor;
• prime contractor;
• owner;
• supplier; or
• any other prescribed person or member or a category of prescribed persons.

Appealing the Officer's Decision to an Adjudicator

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:

• appointing an adjudicator; and
• consulting with the adjudicator and the parties involved to set:
  • a time;
  • a date; and
  • a place for the hearing.

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 King's Bench for an order directing the adjudicator to provide his/her decision.

Adjudicators are independent of the Occupational Health and Safety Branch 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.

Appealing the Adjudicator's Decision to the Labour Relations Board

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.

Appealing the Board's Decision to the Court of Appeal

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.

• set out the names of all persons who are directly affected by the decision that is being appealed;
• identify and state the decision being appealed;
• set out the grounds of the appeal; and
• set out the relief requested, including any request for the suspension of all or any portion of the decision being appealed.

The notice of appeal can be mailed to:

Executive Director
Occupational Health and Safety
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 ohs.executiveoffice@gov.sk.ca.

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.

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