John A. Willes, Q.C.

The grievor, a public servant, filed a grievance alleging he was transferred out of a permanent AM-20 position without consent and sought reinstatement to a fully-funded, permanent AM-20 position.

The employer raised a preliminary objection regarding the Public Service Grievance Board's jurisdiction to grant such relief.

The Board reviewed the Public Service Act and Regulation 977, concluding that the Civil Service Commission has exclusive jurisdiction to appoint persons to positions.

Consequently, the Board held it lacked jurisdiction to issue a directive placing the grievor in a permanent position.

The grievor, an Operational Manager, grieved his exclusion from a job competition for a Deputy Superintendent position.

He alleged that the employer's requirement of three months' experience in a similar position, combined with its refusal to rotate him through the position on an acting basis, was discriminatory and in bad faith.

The employer raised a preliminary objection regarding the Board's jurisdiction to review management's determination of job criteria.

The Public Service Grievance Board upheld the preliminary objection and dismissed the grievance, finding that the employer has the right to determine job qualifications and fill acting vacancies, and that its actions did not constitute bad faith or discrimination.