Johanne Cavé

At a case management hearing, the parties confirmed that one of the two grievances filed on behalf of the grievor had been settled.

The arbitrator noted that she was no longer seized of the settled grievance.

For the remaining active grievance regarding the conversion of a fixed-term position to a regular position, the arbitrator issued a procedural order setting deadlines for the employer to provide production and for the union to provide full particulars ahead of the scheduled hearing on the merits.

The Employer raised a preliminary objection that the Union was improperly attempting to expand the scope of an 'unjust termination' grievance to include allegations of discrimination and failure to accommodate the grievor's alcohol disability.

The Arbitrator dismissed the objection, finding that the grievor's alcohol problem had been disclosed and discussed throughout the investigation and grievance process.

The Employer reasonably ought to have expected that the Union would pursue the issue of discrimination and the duty to accommodate, even if the legal terms were not explicitly used in the grievance form.

The applicant filed a complaint regarding a change in employment status and subsequent termination, alleging that grievances related to these actions remained unanswered by the respondent.

The Tribunal dismissed the complaint on its face, finding that the allegations had no connection to the purpose of the Pay Equity Act, which is to redress systemic gender discrimination in compensation.

The dismissal was without prejudice to the applicant's right to file a new complaint alleging a violation of the Act.