The Masters and Servants Act

Transcription

1 The Masters and Servants Act being Chapter 294 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 Table of Contents 1 Short title 2 Scope of Act 3 Certain contracts to be in writing 4 Misconduct of servant 5 Misconduct of master 6 Service of summons 7 Fees 8 Limit of time for taking proceedings 9 Criminal Code 10 Jurisdiction of justice 11 Foreign contracts 12 Civil rights preserved 13 Master, employer

3 CHAPTER 294 An Act respecting Masters and Servants Short title 1 This Act may be cited as The Masters and Servants Act. R.S.S. 1930, c.246, s.1; R.S.S. 1940, c.294, s.1. Scope of Act 2 Subject to the provisions of section 12, this Act shall apply to every hiring or contract of personal service. 1937, c.85, s.2; R.S.S. 1940, c.294, s.2. Certain contracts to be in writing 3 Every hiring or contract of personal service for a period of more than one year shall be in writing and be signed by the contracting parties, otherwise it shall be void and of no effect. 1937, c.85, s.2; R.S.S. 1940, c.294, s.3. Misconduct of servant 4(1) Any person engaged, bound or hired, whether as clerk, journeyman, apprentice, servant, labourer or otherwise howsoever, who is guilty of: (a) drunkeness; (b) absenting himself by day or night without leave from his proper service or employment; (c) refusing or neglecting to perform his just duties or to obey the lawful commands of his master; (d) dissipating his employer s property or effects; or (e) abandoning his employment by leaving his employer s service before the expiry of the term of hiring without the consent of his employer and without lawful excuse; shall be guilty of a violation of his contract and upon summary conviction forfeit and pay a sum not exceeding $30 with costs, and in default of payment forthwith shall be liable to imprisonment for a period not exceeding one month unless such fine and costs together with the costs of commitment and conveying such convicted person to the place of imprisonment are sooner paid. (2) Any justice of the peace before whom proceedings are taken under this section may inquire into the damages which a master or employer has sustained, or may sustain, by reason of the violation of the contract complained of, and may award as compensation for such damages a sum not exceeding $100, and any compensation so awarded may be set off against any sum directed to be paid by the master or employer to the servant or employee for wages. R.S.S. 1930, c.246, s.3; R.S.S. 1940, c.294, s.4.

4 4 c. 294 MASTERS AND SERVANTS Misconduct of master 5(1) Any master or employer who: (a) neglects after demand to pay wages due to; or (b) ill uses; or (c) improperly dismisses; a servant or employee, shall be guilty of a violation of his contract and upon the oath of such servant or employee a justice of the peace having the necessary jurisdiction as provided by section 10 may summon the master or employer to appear before him at a reasonable time to be stated in the summons. (2) At the time and place appointed the justice shall examine into the matter of the complaint, whether the master or employer appears or not, and, upon due proof of the personal service of the summons and the cause of complaint, may discharge the servant or employee and direct payment to him or any wages found to be due not exceeding the sum of $100 together with costs, and in default of payment forthwith may issue his warrant for the distress and sale of the goods and chattels of the master or employer. (3) If the justice determines that the employee or servant has been improperly dismissed, he may, in addition to directing the payment of the wages found to be due, not exceeding the sum of $100 exclusive of costs, direct the employer or master to pay to the employee or servant such further amount as to him seems reasonable but not exceeding four weeks wages at the rate at which he was being paid by his employer or master when improperly dismissed as aforesaid, together with costs, and in default of payment forthwith may issue his warrant for the distress and sale of the goods and chattels of the master or employer. R.S.S. 1930, c.246, s.4; 1931, c.79, s.2; R.S.S. 1940, c.294, s.5. Service of summons 6 Any summons issued by a justice under this Act may be served by any adult person upon the person to whom it is directed, either personally by delivering to him a copy, or, if such person cannot conveniently be found, by leaving a copy for him at his last or most usual place of abode with some inmate thereof apparently of the age of sixteen years or over. R.S.S. 1930, c.246, s.5; R.S.S. 1940, c.294, s.6. Fees 7 The following fees shall be payable for service of any summons issued by a justice under this Act: 1. Serving summons and returning same, including affidavit of service or attending to prove same, 50 cents; 2. Mileage to serve summons, one way, per mile, 15 cents; (if no public conveyance is available reasonable livery charges to be allowed); 3. Mileage when service cannot be effected, upon proof of due diligence, one way, per mile, 15 cents. R.S.S. 1930, c.246, s.6; R.S.S. 1940, c.294, s.7.

5 MASTERS AND SERVANTS c Limit of time for taking proceedings 8 Proceedings may be taken under this Act within three months after the engagement or employment has ceased or been terminated, or within three months after the last instalment of wages under the agreement of hiring has become due whichever date may be the later. R.S.S. 1930, c.246, s.7; R.S.S. 1940, c.294, s.8. Criminal Code 9 The provisions of Part XV of the Criminal Code for enforcing an order requiring payment of a sum of money shall not apply to proceedings under this Act. 1931, c.79, s.3; R.S.S. 1940, c.294, s.9. Jurisdiction of justice 10 Proceedings under this Act may be taken: (a) before a justice of the peace residing within the municipality in which the master or employer resides; or (b) if the master or employer resides in a rural municipality or local improvement district, before a justice of the peace residing either in such municipality or district or in a city, town or village situated within or partly within the outer boundaries thereof; or (c) if the master or employer resides in a rural municipality or local improvement district and there is no justice of the peace residing as required by clause (b), then before a justice residing in a municipality adjoining such rural municipality or district; Provided that notwithstanding anything in this section contained such proceedings may in any case be taken before the justice of the peace whose place of residence is nearest the residence of the master or employer. R.S.S. 1930, c.246, s.8; 1933, c.73, s.1; R.S.S. 1940, c.294, s.10. Foreign contracts 11 The provisions of this Act shall be held to apply to contracts and agreements made out of Saskatchewan in respect of service or labour performed in Saskatchewan. R.S.S. 1930, c.246, s.9; R.S.S. 1940, c.294, s.11. Civil rights preserved 12 With the exception of section 3, nothing in this Act shall in anywise curtail, abridge or defeat any civil or other remedy for the recovery of wages by a servant or employee from his master or employer, or for the recovery of damages by a master or employer from his servant or employee, except in so far as any complaint under this Act has been determined by the order of a justice. R.S.S. 1930, c.246, s.10; 1937, c.85, s.3; R.S.S. 1940, c.294, s.12. Master, employer 13 In this Act the expression master or employer includes a corporation as well as an individual or partnership. R.S.S. 1930, c.246, s.11; R.S.S. 1940, c.294, s.13.

6 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER