FPSLREB Decisions

The grievor was rejected on probation from a trainee position in the employer’s Officer Induction Development program, classified at the FB-02 group and level – he filed grievances against the rejection on probation – the employer submitted that the Board was without jurisdiction, as the rejection on probation was a termination of employment under the Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13; PSEA) – the employer’s investigation concluded that the grievor knowingly attempted to avoid paying taxes on imported auto parts – he was provided with a letter setting out the reason for the rejection on probation within the probationary period and was provided with pay in lieu of notice, as required by the PSEA – the grievor responded that the rejection on probation constituted disciplinary action resulting in termination or a financial penalty and that there was no legitimate employment-related reason for the rejection on probation, which was made in bad faith – the Board found that the rejection on probation was based on an employment-related reason and that it was not a sham, camouflage, or made in bad faith – the letter of rejection on probation indicated that the employment-related reason for the rejection was for knowingly attempting to avoid paying taxes on imported auto parts – this was supported by the evidence adduced at the hearing – the Board found that the grievor made a false declaration at the border, which was a valid employment-related reason that justified a rejection on probation – it represented neglect of duty – the grievor advanced that the rejection on probation was made in bad faith because the employer approached the investigation with a closed mind – this was corrected by a de novo hearing before the Board – the grievor accused the employer of causing a significant delay in the conduct of the investigation and of delaying imposing the rejection on probation – according to him, the delay was evidence of bad faith on the employer’s part – the employer took 14 months from the date on which his reliability status was revoked to the date on which the rejection on probation occurred – the Board found that it was an inordinate amount of time – however, it did not amount to a sham or camouflage; nor was it made in bad faith – the grievor did not establish that the rejection on probation was made for other than an employment-related reason – the Board did not have jurisdiction over the grievances.

Objection allowed.
Grievances denied.