27 consecutive 1-year contracts make teacher permanent employee

School contended woman was fixed-term employee and not entitled to severance pay
By Jeffrey Smith
|Canadian HR Reporter|Last Updated: 11/28/2016

A Saskatchewan employee whose fixed-term contract wasn’t renewed is entitled to severance pay befitting a permanent employee — after 27 consecutive one-year contracts, an adjudicator has ruled.

Kim Latoski was hired on a one-year contract to be a teacher at Bernard Constant Community School in Melfort, Sask., by James Smith Cree Nation (JSCN) in August 1987. JSCN only gave teachers one-year contracts because of budget uncertainty for each year, which was based on the number of students and funding from the federal government.

So if JSCN wanted Latoski back for the following school year, it would offer her another one-year contract. Her employment continued for 27 consecutive years. Each year, JSCN would either offer Latoski a new contract, offer an extension to her existing contract, or offer her a new teaching position.