Janice D. Johnston

The grievor alleged he was laid off without just cause.

The Grievance Settlement Board directed the employer to pay the grievor a retiring allowance of $2,500 to resolve all outstanding claims and grievances.

The employer raised preliminary objections to a four-part grievance, arguing the first three grounds were untimely and the fourth was barred by section 6 of the Public Sector Salary Disclosure Act, 1996.

The union conceded both the untimeliness and the lack of jurisdiction.

Finding no difference between the parties as required by section 7(3) of the Crown Employees Collective Bargaining Act, the Grievance Settlement Board concluded it lacked jurisdiction and dismissed the grievance.

The Grievance Settlement Board convened a mediation/arbitration regarding the grievor's return to work.

The Vice Chair issued a declaration that the employer was unable to provide work for the grievor that was consistent with her functional abilities and that would restore her pre-injury earnings.