FPSLREB Decisions

Term position - Non-renewal - Allegation of termination of employment for disguised disciplinary reasons - Jurisdiction - Section 25 of the Public Service Employment Act (PSEA) - Subsection 92(3) of the Public Service Staff Relations Act (PSSRA) - the grievor was a term employee - he challenged the employer's decision not to renew his contract - that decision was based on the fact that the employer considered that the grievor no longer met the personal suitability requirements, either for his substantive position or the position he held on an acting basis - the notice of non-renewal mentioned two disciplinary measures previously imposed on the grievor, who had not grieved them - the grievor argued that the decision not to renew his contract was a termination for disguised disciplinary reasons - prior to the hearing, the employer informed the grievor and the Board that it objected to the adjudicator's jurisdiction to hear the grievance, claiming that the grievor was dismissed as an employee under section 25 of the PSEA and that subsection 92(3) of the PSSRA stipulates that an adjudicator does not have jurisdiction in these circumstances - the grievor did not appear at the hearing, which was held in his absence - the adjudicator found that, since there was nothing in the file that allowed her to find that the non-renewal of the grievor's term was a termination for disguised disciplinary reasons, she did not have jurisdiction to hear the grievance. Grievance denied. Cases cited: Marinos (166-2-27446); Hanna (166-2-26983); Blackman (166-2-27134); Dansereau v. National Film Board, [1979] 1 F.C. 100 (F.C.A.); Laird (166-2-19981).