Discriminatory Action

Workers are protected from disciplinary action or other sanctions by an employer for fulfilling their responsibilities or exercising their safety rights under Part III of The Saskatchewan Employment Act.

Discriminatory action could mean anything from a verbal warning, written warning, suspension, firing, demotion or loss of wages.

Section 3-35 of The Saskatchewan Employment Act prohibits the employer from taking discriminatory action if the worker:

• acts in compliance with The Saskatchewan Employment Act and regulations or a notice of contravention;
• seeks to have The Saskatchewan Employment Act or regulations enforced;
• assists with the activities of the occupational health committee (OHC) or occupational health and safety (OHS) representative;
• seeks to establish an OHC or OHS representative;
• performs the functions of an occupational health committee member or representative;
• refuses to work pursuant to section 3-31 of The Saskatchewan Employment Act; or
• gives information to an OHC, OHS representative, an occupational health officer or a radiation health officer.

Steps for filing a discriminatory action complaint:

1. Contact the Harassment and Discriminatory Action Prevention Unit in the Occupational Health and Safety Branch.
2. An intake coordinator will assess the situation and determine if the complaint is considered a discriminatory action case pursuant to Part III of The Saskatchewan Employment Act.
3. If the situation is considered as a discriminatory action case, a questionnaire will be sent to the complainant.
4. The complainant will complete the questionnaire and return it to the Occupational Health and Safety Branch. The supervisor of the unit will review and assign the case to an officer as necessary.
5. If it is determined that the complaint is not valid or does not fall within the legislation, the supervisor will give written notice to the complainant that the branch will not proceed.