LABOUR STANDARDS
52
c.L-1
Order for payment of unpaid wages
87(1) Where a person is convicted of failure to comply with or of a violation of, any
provision of this Act or of any order, authorization, directive or regulation made
under this Act by failing to pay to an employee or the director any wages or other
sums that the employee or director is entitled to receive in accordance with any
such provision, the convicting judge shall, in addition to the fine imposed, order the
person to pay to the employee or director, as the case may require, forthwith or
upon such terms and conditions as the judge considers just, the amount of such
wages or other sums and the judge shall remit to the employee or the director, as
the case may require, any moneys received pursuant to the order.
(2) Notwithstanding section 85, a person who fails to comply with an order made
under subsection (1) is not guilty of an offence under this Act where he satisfies the
judge that he is unable to comply with the order.
(3) Where default is made in payment of any sum ordered pursuant to sub-
section (1) to be paid, the convicting judge shall upon request furnish the
complainant with two certified copies of his order.
(4) The person in whose favour an order under this section is given or his solicitor
or agent may, upon payment of the prescribed fee, file a certified copy of the order in
the office of the local registrar of the Court of Queen’s Bench at the judicial centre
nearest to the place where the employer resides and when so filed the copy of the
order shall be entered and may be enforced as a judgment of Her Majesty’s Court of
Queen’s Bench for Saskatchewan.
1976-77, c.36, s.87; R.S.S. 1978, c.L-1, s.87;
1979-80, c.92, s.44; 1994, c.39, s.47.
Orders to prepare, etc., records and information
88 Where an employer is convicted of failure to comply with, or of a violation of,
any provision of this Act or any order, authorization, directive or regulation made
under this Act by failing to keep or deliver up for inspection any records or
information as required or directed, the convicting judge may, in addition to any
fine imposed, order the employer to forthwith prepare and deliver to the minister or
his authorized representative such records or information.
1976-77, c.36, s.88; R.S.S. 1978, c.L-1, s.88;
1994, c.39, s.48.
Order to reinstate wrongfully dismissed employee
89 Where an employer is convicted of discharging, laying off or suspending an
employee or otherwise discriminating against an employee contrary to any
provision of this Act, the convicting judge may order the employer to reinstate the
employee in his former employment under the same terms and conditions in which
he was formerly employed and may order the employer to pay to the employee
wages the employee would have earned if he had not been wrongfully discharged,
laid off or suspended by his employer and may further order that any discriminatory
action wrongfully taken be revoked.
1976-77, c.36, s.89; R.S.S. 1978, c.L-1, s.89;
1994, c.39, s.49.
Consolidated to December 29, 2004