A Saskatchewan labour ruling exposes what 'all-inclusive' pay really means for employers
A new ruling says employee consent cannot override overtime law, and the directors paid personally for it
Tyler Waisman drove trucks and did shop work for Dart Services Ltd. from October 2019 to April 2023. His compensation was documented and agreed to by both sides: $45 an hour for trucking, $35 an hour for shop work. Later during the employment, Dart added a 'pile bonus' — paid when pipe was being sold on a job site — explicitly in lieu of overtime. In a March 4, 2026, decision, Saskatchewan Labour Relations Board Vice-Chairperson Linda Zarzeczny, K.C., made clear that mutual agreement does not make a compensation arrangement legal.
When Waisman filed an overtime complaint with the Labour Standards Division in 2023, a Labour Standards Officer found he should have received an additional $41,454.25 in overtime pay, calculated at 1.5 times his hourly wage for hours beyond 40 per week or eight per day. That wage assessment was upheld by an adjudicator, then appealed to the Board. The appeal was dismissed.
Critically, the $41,454.25 assessment was issued not only against the company but personally against Dart directors Davin Emmel and Marty Hanson.
Dart's core argument was that the compensation package was an all-inclusive arrangement more favourable to Waisman than straight overtime would have been. The company's accountant, Ms. Grobnick,...
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