Can a public authority contract out of its statutory duties?
Saskatchewan, Canada
The following excerpt is from Saskatoon Regional Health Authority v Ready, 2014 SKQB 273 (CanLII):
The panel considered Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190. It agreed with the ruling in that case that there is no general duty of fairness to those employees in public positions, instead focussing on the nature of the employment relationship and the terms of the contract which created same. However the PAT went on to find that just because there exists a governing employment contract, one cannot ignore any applicable statutory obligations, referring to para. 106 of Dunsmuir which said, inter alia: “A public authority cannot contract out of its statutory duties”.
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