FPSLREB Decisions
Decision Information
The grievor filed a grievance contesting the employer’s decision to terminate his employment for unsatisfactory performance under the FAA. He originally referred it to adjudication under s. 209(1)(b) of the Act, which concerns disciplinary action resulting in termination. Later, he amended his reference to adjudication, to add a reference under s. 209(1)(d) of the Act, which concerns the termination of an employee of a separate agency designated under s. 209(3) of the Act. The employer objected to the reference to adjudication on two grounds. First, it said that the grievor did not allege disciplinary action or disguised discipline before, and as such, he could not alter the grounds of his grievance at that stage. Second, it stated that it was not a designated separate agency for the purposes of ss. 209(3) and (1)(d) of the Act. The grievor acknowledged that the employer is not a designated separate agency but stated that he wanted to know the position that it would take on the Board’s jurisdiction, as he intended to challenge his termination before the courts as well. He also did not respond to the employer’s arguments as to his reference under s. 209(1)(b) of the Act. Nevertheless, the Board found that the grievor could not alter his grievance, as he did not allege discipline or disguised discipline earlier in the grievance process. It allowed the objection to the reference under s. 209(1)(b) of the Act. The Board also allowed the objection to the reference under s. 209(1)(d) of the Act, as the employer is not a designated separate agency under s. 209(3) of the Act.
Objection allowed.
Grievance denied.