Henri Pallard

The Complainant filed a grievance alleging he was denied five additional vacation days promised in a Questions and Answers document when he accepted a Staff Sergeant position.

The Employer raised a preliminary objection that the complaint was untimely.

The Public Service Grievance Board found that the complaint was filed beyond the 14-day period required by Ontario Regulation 378/07, as the Complainant ought to have known of the alleged breach when a corrected Q&A was issued months earlier.

The Board also noted that even if it had jurisdiction, the complaint would fail because the original Q&A contained a disclaimer and was not a legally binding contract.

The complaint was dismissed.

The complainants, two staff sergeants, filed grievances alleging they were not properly compensated for mandatory rapid antigen testing conducted outside working hours during the COVID-19 pandemic.

The employer raised preliminary objections regarding timeliness and res judicata.

The Public Service Grievance Board found that the complainants knew or ought to have known they were not being paid shortly after the testing requirement was implemented in February 2022.

Because the complaints were not filed within the mandatory 14-day period prescribed by Ontario Regulation 378/07, the Board concluded it lacked jurisdiction and dismissed the complaints.