Ondo-Mvondo v. Deputy Head (Department of Public Works and Government Services)

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2009 PSLRB 52
Before: Marie-Josée Bédard
Decision Rendered: April 23, 2009
Original Language: French
An application for judicial review before the Federal Court of Appeal is pending (Court file: A-212-09). The application for judicial review has been transferred to the Federal Court (Court file: T-1537-09).

Rejection on probation – Jurisdiction of adjudicator – Termination under the Public Service Employment Act – Employer’s grounds

The grievor filed a grievance against his rejection on probation – the grievor alleged that the employer had shown discrimination and bad faith – the employer raised an objection about the adjudicator’s jurisdiction – the adjudicator found that the employer had demonstrated that its decision was related to the grievor’s performance and behaviour – the grievor had not demonstrated that the rejection was a subterfuge to cover up a termination that was disciplinary, discriminatory, arbitrary or in bad faith – therefore, under section 211 of the Public Service Labour Relations Act, the adjudicator did not have jurisdiction to decide the grievance.

Objection allowed.

Grievance denied.