Public Service Alliance of Canada v Saskatchewan Gaming Corporation
Public Service Alliance of Canada
Law Firm / Organization
RavenLaw LLP
Lawyer(s)

Morgan Rowe

Saskatchewan Gaming Corporation
Law Firm / Organization
McKercher LLP
Lawyer(s)

Daniel P. Kwochka

John Comrie, K.C.
Law Firm / Organization
Unrepresented

Case Overview:
The case involved disputes over mass lay-offs during the COVID-19 pandemic. The applicant, Public Service Alliance of Canada (PSAC), represented unionized employees of Saskatchewan Gaming Corporation (SGC), a Crown corporation operating Casino Regina and Casino Moose Jaw.

Key Legal Issues:

  • Whether emergency regulations under The Saskatchewan Employment Act (SEA) suspended lay-off protections in collective agreements.

  • Whether SGC breached mandatory consultation obligations before implementing lay-offs.

  • The reasonableness of the Arbitrator’s decision to dismiss PSAC's grievances.

Arguments and Findings:
PSAC argued that collective agreements provided more favorable protections than the SEA, which should have remained enforceable. It also claimed SGC failed to consult before implementing lay-offs. SGC contended that the emergency regulations exempted employers from statutory and collective agreement lay-off provisions during a public emergency. The court upheld the Arbitrator's reasoning, concluding that the emergency regulations lawfully suspended both statutory and contractual rights.

The Arbitrator also found no material impact from the lack of consultation, making the breach inconsequential.

Outcome and Costs:
The court ruled in favor of Saskatchewan Gaming Corporation. PSAC’s application for judicial review was dismissed. The court awarded costs to SGC on Column 2 of the tariff, without a specific monetary figure stated in the judgment.

Court of King's Bench for Saskatchewan
KBG-RG-01014-2023
Labour law
Respondent