SLB v Schulte – OHS Appeal
The Occupational Health Officer found that SLB II Inc. terminated Ms. Schulte for raising workplace safety concerns and refusing work she believed unsafe. On a hearing de novo, the Adjudicator found that Ms. Schulte had engaged in protected activities and that both her temporary layoff and termination engaged the statutory presumption under section 3-36(4) of The Saskatchewan Employment Act. SLB nevertheless established good and sufficient other reason for both decisions. The temporary layoff resulted from the absence of available work after her truck was removed from service, while the termination resulted from management’s conclusion—following a significant communication breakdown—that an effective working relationship could not be maintained on the remote, safety-sensitive project. Neither reason was a pretext for retaliation, and both decisions were objectively reasonable and proportionate. The appeal was allowed and the Officer’s decision set aside.