Saskatchewan Whistleblower Protection

  

eBay.ca    Jobs! Jobs! Jobs!    Improve Your MBA Essay    ResumeEdge.com


Improved Whistleblower Protection Passed

HRinfodesk---Canadian Payroll and Employment Law, May/June 2005


Employees who report wrongdoing now have even stronger protection following amendments to the Labour Standards Act introduced by the Saskatchewan government on November 19, 2004. Bill 86, the Labour Standards Amendment Act, 2004 (No. 2) passed third reading on May 25, 2005, is awaiting Royal Assent and a date to come into force. The amendments were introduced to improve the existing protection of whistleblowers through the Labour Standards Act, which currently offers more protection for employees than in most other parts of Canada.

"These amendments further protect workers who report illegal acts from retribution or retaliation," Labour Minister Deb Higgins said. "They also provide the Director of Labour Standards with the legal authority to enforce this section directly, instead of requiring a potentially lengthy and expensive court case."

The amendments clarify that an employee can report violation of federal and provincial laws to a direct or indirect supervisor as well as to a law enforcement agency and allow the Director of Labour Standards to investigate and issue a decision relating to the employee’s complaint of wrongful dismissal or discrimination as a result of reporting an illegal acitivity in the workplace.

Specifically, the amendments:

Clarify that an employee can report violations of federal and provincial laws to a direct or indirect supervisor of the employee, as well as to a law enforcement agency;

Allow the Director of Labour Standards to investigate and issue a decision respecting an employee's complaint of wrongful dismissal or discrimination as a result of reporting an illegal activity. Under the proposed amendments, the Director of Labour Standards can order the employer to:

  • Cease any discriminatory activity toward the employee
  • Restore the employee to his or her previous position
  • Pay any wages that the employee lost as a result of the employer's violation of section 74 of the Act

Allow the employee or employer to appeal the decision of the Director of Labour Standards to independent adjudicators.

For more information, read the full text of Bill 86.


By Yosie Saint-Cyr, Editor at HRinfodesk

HRinfodesk is a service that is published by First Reference which includes employment law news for every jurisdiction in Canada, a Library of Articles, FAQs, a Calendar of Events, Important Dates and an HR Internet Directory for expanded research. Our search tools will help you to quickly find results by jurisdiction, topic, date and keyword. For the latest employment law news and a ten day trial, click here.

First Reference is a publisher of Canadian employment law reference manuals that are comprehensive, updated and practical. Publications include The Human Resources Advisor, Human Resources PolicyPro and the HRinfodesk Bulletin and website. For more information or to purchase one of our publications, go to http://www.firstreference.com/.

This article offers general comments on legal developments of concern to businesses. Every effort has been made to ensure the accuracy and timeliness of this information. These publications are written for informational purposes only and should NOT be relied upon as legal advice or opinions. The reader should always obtain legal advice from a qualified lawyer or other qualified professional, which will be responsive to the case or circumstance of the individual. Please note that the content provided in this article or any content contained in or made available through any third party website linked to from this article and/or HRinfodesk, is provided 'as is' without representations or warranties of any kind. All representations and warranties in respect of Content or Third Party Content, express or implied, including, without limitation any representations to warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability or fitness for any particular purpose are hereby disclaimed.

©1999-2005 First Reference Inc.





HRM Guide Updates
Google
 
Web www.hrmguide.net
www.hrmguide.com www.hrmguide.co.uk
  Contact  HRM Guide Network

Copyright © 1997-2006 Alan Price and HRM Guide Network contributors. All rights reserved.