FPSLREB Decisions

Termination (non-disciplinary) - Resignation - Jurisdiction - Subsection 92(3) of the Public Service Staff Relations Act (PSSRA) - grievor had been an outstanding employee of the University of Toronto during the ten years it operated a hospital on behalf of the employer - when the University of Toronto ceased operating the hospital, the grievor became an employee of the employer and was submitted to a one-year probation - two weeks later, her new supervisor gave her functions that she refused to perform and her employment was terminated - she grieved that decision - employer offered to rescind the termination of employment if the grievor agreed to perform the duties she had refused to perform - the grievor accepted - on the Monday she was supposed to report to work, the grievor had a medical certificate delivered to her supervisor, stating that she was on sick leave for two weeks - on the Wednesday of the following week, as she had heard that the grievor was working at a local school, her supervisor contacted the grievor to obtain a confirmation that she would be back to work the following Monday - grievor requested that her supervisor deal with her bargaining agent representative - supervisor insisted on meeting with the grievor, who refused - grievor's supervisor then agreed to wait until the Monday - over the weekend, the grievor prepared a resignation letter, in which she stated that it was not reasonable to continue to subject herself to the stress of working in close proximity to her supervisor - grievor delivered that resignation letter to her supervisor on the Monday and did not want to discuss it with her - supervisor accepted the grievor's resignation one week later - grievor subsequently decided to pursue her original grievance -employer alleged that its actions in this matter were appropriate - employer further argued that, pursuant to subsection 92(3) of the PSSRA, the adjudicator had no jurisdiction to hear the grievance, as a resignation is governed by the Public Service Employment Act - employer added that the grievor's resignation was unambiguous - grievor argued that she had been a good employee at the hospital and that the employer had harassed her - adjudicator recognized the difficult situation the grievor faced when the operation of the hospital was transferred from the University of Toronto to the employer - adjudicator found that the grievor voluntarily resigned from her position and that he was without jurisdiction to hear the grievance. Grievance denied.