WRONGFUL DISMISSAL - Remedies - Reinstatement

Law360 Canada ( February 4, 2025, 1:04 PM EST) -- Appeal by Rural Municipality of Buchanan ("RM") from decision of the Saskatchewan Labour Relations Board ("LRB") in relation to termination complaint filed by Veldman against RM. Veldman was hired as a seasonal employee by the RM. His employment was terminated, leading him to file a "discriminatory action" complaint under The Saskatchewan Employment Act, alleging termination due to a workplace harassment complaint. An occupational health officer ("Officer") found the termination unlawful and ordered RM to reinstate Veldman, pay back wages, and remove any reprimand from his file. RM appealed the Officer's decision, particularly the calculation of backpay, arguing that the Officer failed to deduct wages Veldman earned from another employer, the Rural Municipality of Keys No. 303 ("Keys"). The Adjudicator allowed RM's appeal, finding that Veldman had declined reinstatement and that his earnings from Keys should be deducted from the backpay. Veldman appealed to the Saskatchewan Labour Relations Board ("LRB"), which found procedural fairness issues and errors of law in the Adjudicator's decision, amending it to state that backpay was owed until reinstatement. RM was granted leave to appeal the LRB's decision to the Saskatchewan Court of Appeal. RM argued that the LRB erred in law by determining the Adjudicator breached procedural fairness, made errors of fact, and improperly substituted its own decision without allowing submissions on remedy and damages....
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