Saskatchewan Polytechnic v Saskatchewan Polytechnic Faculty Association

Background:
Saskatchewan Polytechnic (SP) sought judicial review of an arbitration decision that awarded severance to Dr. Dagenais and Ms. Fleming, members of the Saskatchewan Polytechnic Faculty Association (SPFA). The dispute arose after SP reassigned them, later arguing they were not entitled to severance. A Saskatchewan Court of Appeal decision subsequently ruled severance was an option under the Collective Bargaining Agreement (CBA).

Legal Issues and Arguments:

• Severance Entitlement: SP argued the grievors accepted reassignment and forfeited severance, while SPFA contended their acceptance was based on incorrect legal guidance. The court ruled the reassignment contract was void due to a "common mistake" of law.
• Timeliness of Grievances: SP challenged the grievances as untimely. The arbitrator’s decision to allow them was upheld under Section 6-49(3)(f) of The Saskatchewan Employment Act.
• Severance Calculation: The court affirmed that severance should be paid in full without deductions for post-reassignment earnings.

Outcome and Costs:
The court upheld the arbitration ruling, awarding severance without deductions. The grievors were deemed fully successful, and the court awarded them costs under column 2 of the tariff.