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Saturday, February 06, 2016
Saskatchewan Justice

The Thresher Employees Act gives employees of a thresher (employer) who has done threshing for a farmer or other third person a claim against the employer's earnings to the extent of the employees unpaid wages. For the purposes of the Act, the employer may own or lease the threshing machine or simply have temporary custody and responsibility for it.

The employee's claim has priority over all other claims against the employer's earnings, and the remedy is available whether or not there is an actual written contract between the employer and employee.

To obtain the remedy, the employee must make an affidavit and serve notice of the claim on the employer and the farmer or third person for whom the threshing was done. The claim must be made within 20 days after the threshing is completed.

The person for whom the threshing was done holds the earnings and shall pay the employee the amount of his or her claim after 30 days unless the employer has served notice, by affidavit, to contest the claim within those 30 days.

If the third person fails to pay the claim, the employee may take further action under The Wages Recovery Act.

If the claim is contested, or if the amount or amounts claimed exceeds the employer's earnings, the third person must deliver all claims and other documents by registered mail to the local registrar of the Court of Queen's Bench not later than 40 days after the threshing is complete. The third person must also pay into Court the amount claimed or the total amount owed where the amount claimed exceeds the earnings.

Within 20 days after the money is paid into Court, the claimant, or, if there are two or more claimants, any one of them on behalf of the other or others may make an interpleader summons to settle the claims. The judge then determines the rights of the parties and may make such order and award costs as appears just. If the amount of money paid into Court is insufficient to meet all the claims, the money shall be distributed proportionately.

The Act also provides that the employer or an agent acting for him or her must, at any time when asked by an employee or the third person, give them a written statement of the time for which the employee is entitled to be paid and the wages earned.

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