
The grievor worked as a senior policy advisor at Human Resources and Skills Development Canada – the grievor was terminated after losing his reliability status because he no longer met a condition of employment in the federal public service – he grieved the termination – the employer objected to the adjudicator’s jurisdiction – the employer argued that the grievor no longer met an essential condition of employment, which was cause for termination – the employer argued that, once the adjudicator found cause for termination, there was no need to proceed further – there was no allegation of disguised discipline – the grievor argued that the adjudicator had jurisdiction to deal with a termination for reasons other than a breach of discipline or misconduct – the adjudicator found that the decision to revoke the reliability status is an administrative one – the adjudicator found that subparagraph 209(1)(c)(i) of the Public Service Labour Relations Act allows for the filing of a grievance dealing with an employee’s termination for a non-disciplinary reason – the adjudicator found that such termination has to be for cause – the adjudicator’s jurisdiction ends once cause has been properly established, unless it can be sustained that the determination that the grievor no longer met the condition of his employment due to his loss of reliability status is tainted by lack of procedural fairness or bad faith – the adjudicator found that the employer had cause to terminate the employment – the adjudicator found that the loss of reliability status was not tainted by lack of procedural fairness or bad faith.
Grievance denied.