Firing a new hire without a written contract could cost employers far more
When Waboshi Nakihimba completed three shifts at a Saskatchewan commercial kitchen in December 2022, nobody predicted what would follow.
On February 18, 2026, a three-judge panel of the Court of Appeal for Saskatchewan, in reasons written by Justice Keith D. Kilback, dismissed his appeal while confirming that entitlement to statutory notice under employment standards legislation and entitlement to reasonable notice under a contract of employment at common law are distinct rights.
Nakihimba was hired by Madazen Foods Inc. on December 20, 2022, to work in its commercial kitchen. There was no written employment agreement. He completed three shifts totalling 19 hours before the company closed for the Christmas break.
He did not return on January 3, 2023, as scheduled, claiming illness. Diagnosed with a urinary tract infection on January 6, he emailed company principal Darren Zawryucka on the evening of January 14 to explain his absence. On January 16, while Zawryucka was vacationing in Central America, Nakihimba received a dismissal email for failing to attend work.
Nakihimba then filed with the Employment Standards Division and recovered approximately $300 in unpaid wages. A discrimination complaint to the Saskatchewan Human Rights Commission was dismissed. He then sued for wrongful dismissal and other claims, seeking over $490,000 in total.
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