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EMPLOYMENT STANDARDS LEGISLATION - Offences and enforcement - Procedural fairness

Tuesday, September 17, 2019 @ 8:33 AM  

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Appeal by the Director of Employment Standards from a decision of the Labour Relations Board. The Director issued a wage assessment against the employer requiring the employer to pay $6,479 to Bridgette, consisting of $6,295 for six weeks’ pay in lieu of notice and $184 for call out pay. The employer appealed to an adjudicator, who found the employer provided sufficient notice of layoff. The Director appealed the adjudicator’s decision to the Board. The Board allowed the Director’s appeal and remitted the matter back to the adjudicator to deal with in accordance with directions provided by the Board. The directions related to the timeliness of the filing of the employer’s notice of appeal, the Director’s standing at the adjudication, and the applicability of a 15-day appeal deadline to the Director. The issues addressed by the directions were not in issue at the adjudication.

HELD: Appeal allowed. The Board violated its duty of procedural fairness when it made findings and provided directions about three issues that were not properly before it. The Director was deprived of the required opportunity to adequately respond to the issues. The improper portions of the Board’s order were excised from the decision and were of no force and effect. The matter was remitted to the adjudicator to be determined in accordance with the order of the Board and the Board’s remaining directions.

Saskatchewan (Employment Standards) v. North Park Enterprises Inc., [2019] S.J. No. 273, Saskatchewan Court of Appeal, P.A. Whitmore, J.A. Ryan-Froslie and J.A. Tholl JJ.A., July 30, 2019. Digest No. TLD-September162019005