Buchanan (Rural Municipality) v Veldman
Rural Municipality of Buchanan No. 304
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Allison Graham

Allan Veldman
Law Firm / Organization
Self Represented

Background:
The Rural Municipality of Buchanan No. 304 terminated Allan Veldman, a seasonal employee, in 2021. Veldman alleged the termination was retaliation for filing a workplace harassment complaint, claiming discriminatory action under section 3-36 of The Saskatchewan Employment Act (SEA). An OHS officer supported his claim, ordering reinstatement, backpay, and record correction.

Legal Issues and Court Rulings:

  1. Procedural Fairness:

    • Issue: Did the Adjudicator deny Veldman procedural fairness by refusing an adjournment?
    • Ruling: The Court held that the Adjudicator acted within her discretion. It found that Veldman had adequate opportunity to present his case and determined procedural fairness was not breached.
  2. Jurisdiction of the Adjudicator:

    • Issue: Did the Adjudicator exceed her jurisdiction by addressing reinstatement and the termination's end date?
    • Ruling: The Court concluded the Adjudicator had jurisdiction to decide these issues, as they were essential to determining backpay under SEA provisions.
  3. Fact-Finding by the Adjudicator:

    • Issue: Did the Adjudicator make factual errors or rely on unsupported evidence?
    • Ruling: The Court ruled the Adjudicator’s findings were based on evidence and reasonable inferences. The LRB had erred in substituting its own findings.

Costs and Awards:
The Court allowed the appeal, quashed the LRB’s decision, and reinstated the Adjudicator’s ruling. Each party bore their own costs.

Conclusion:
The Court emphasized adjudicative discretion and proper appellate standards, remitting unresolved issues regarding Veldman’s additional earnings, holiday pay, and deductions to the Adjudicator.

Court of Appeal for Saskatchewan
CACV4153
Employment law
Appellant