Which legislation addresses equal pay in my jurisdiction?In Saskatchewan there are two laws that address equal pay: the Human Rights Code, which applies to the private and public sectors, and the Labour Standards Act, which applies to the private and public sectors.
How does the law measure equality of pay?The two laws that address equal pay in Saskatchewan measure equal pay differently.
- Human Rights Code – looks at any term or condition of employment
- Labour Standards Act, Part III – looks at rate of pay
How does the law compare different kinds of work?The two laws in Saskatchewan that address equal pay compare work differently.
- Human Rights Code – does not specify
- Labour Standards Act, Part III – compares similar work, similar skill, effort and responsibility under similar working conditions in the same establishment
What reasons does the law consider acceptable for differences in pay?
- Human Rights Code – sex, ability, or age, when it is a reasonable occupational qualification and requirement
- Labour Standards Act – seniority, merit system or trainee programs
How do I make a complaint about equality of pay discrimination?
- Human Rights Code – A complaint is filed with the Saskatchewan Human Rights Commission which investigates and tries to effect a settlement of the matter. If not, the matter can be reviewed by a board of inquiry, the decision of which may be appealed to a judge of the Court of Queen's Bench and from there to the Court of Appeal.
- Labour Standards Act – The Director of Labour Standards appoints an officer to investigate the case and try to effect a settlement. If no settlement is reached, the Human Rights Commission will make a formal inquiry. Failure to comply with the decision is a summary conviction offence.
Are there restrictions on recovering wages if my complaint is successful?Neither law in Saskatchewan has such restrictions.