Statutory Notice Period
The Saskatchewan Employment Act, SS 2013, c S-15. (“the Act”) sets out the statutory minimum notice period required for an employee who has been terminated without cause. The Act applies to provincially regulated employees in Saskatchewan.
Notice required
2‑60(1) Except for just cause, no employer shall lay off or terminate the employment of an employee who has been in the employer’s service for more than 13 consecutive weeks without giving that employee written notice for a period that is not less than the period set out in the following Table:
An employee who has been determined to have provided 13 consecutive weeks of service to the employer, subject to the Act, is entitled to a minimum of 1 week of notice, unless they were terminated “for cause”. Generally speaking, any vacation or employment leave which has been granted by the employer during employment is not deducted from the term of service. The minimum notice period requirement imposed by the Act is determined by the table in section 2-60, and can be up to 8 weeks of notice for an employee determined to have provided more than 10 years of service.
Common Law Notice Periods
Determining the common law notice period for an employee is often described of as an art as opposed to a science. There is no straight forward calculation that determines what the notice period is at common law, but it may be significantly longer than that imposed by statute. One approach which may explain how long the common law notice period is determined can be taken by looking at how long it would take the employee to find comparable employment if they are taking reasonable steps to acquire that comparable employment. The fact that many factors can determine how long it would take to find comparable employment is what results in this being more of an art than a science. For instance, can you show that there are few comparable jobs in the market? What exactly is “comparable employment”? Is there a lot of competition for comparable positions that will make it harder to acquire that employment? Is the employee a senior or experiencing health concerns and may experience prejudice or barriers in their job search as a result? Other factors that may be relevant can include whether the individual is facing a disability or is pregnant, which can interact with human rights/anti-discrimination legislation. This is in no way an exhaustive list.
Notice Periods Outlined in Contract
If a termination notice period is outlined in a contract or union contract, or a specified sum of money is outlined to be paid as severance in a contract or union contract, it may take precedent over a common law notice period. An important exception to this is that a notice period, or pay in lieu of notice, must maintain the minimum standards outlined by the Act.
What If You Were Not Provided Notice?
If an individual is not terminated for cause but has not been provided a proper notice period, they could be entitled to compensation in lieu of notice. The common law reasonable notice period generally is to include compensation for any remuneration and benefits that the employee would be entitled to had they maintained the employment during the reasonable notice period. Increasingly, the Saskatchewan Provincial Court (civil division) is becoming a feasible means for wrongful termination/termination without reasonable notice claims and can hear claims worth principal amount of $50,000 or less. Terminated employees seeking pay in lieu of reasonable notice are subject to the requirement to take reasonable steps to mitigate their losses. Mitigating your losses may offset monetary entitlements but failure to mitigate could be fatal to the success of your claim.
Conclusion
In conclusion, statutory minimums provided for minimum notice periods or pay in lieu of notice of a terminated employee, subject to the Act. Common law notice periods may be significantly longer. If you have been terminated and are considering a claim in the Provincial Court of Saskatchewan, contact Gelinas Limited Scope Legal Services at 705 737 6451 or Joseph@gelinaslegal.ca for a free, no-obligation to retain, up to 30 minute phone consultation.