FPSLREB Decisions

Decision Information

Jodoin v. Deputy Head (Department of Employment and Social Development)

Collection FPSLREB Decisions
Decision Rendered 2025-04-28
Citation 2025 FPSLREB 44
Before Christopher Rootham
Decision Type Labour Relations
Subject Terms Discrimination
Disguised disciplinary action
Human rights
Jurisdiction
People with disabilities
Rejection on probation
Keywords Labour relations – Individual grievance – Jurisdiction – Rejection on probation – Sham, camouflage, disguised discipline, and bad faith – Human rights – Discrimination – Disability
Original Language English
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Summary:

This grievance is about two issues: (1) whether the grievor was still a probationary employee when she was dismissed, and (2) whether her rejection on probation was in bad faith or discriminatory. The grievor argued that she was not in her probationary period at the time of her dismissal because s. 2(3) of the Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation paused her 12-month probationary period from the date she disclosed her disability until it had been fully accommodated. The Board determined the grievor was still on probation because s. 2(3) of the Probation Regulations only applies to employees who disclose their disability before or as they begin their employment. The Board also held that the rejection on probation was a good-faith response to comments that she made to a co-worker that reflected negatively on her suitability for employment in the federal public service.

Grievance denied.

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