J. Willes

The grievor, a senior executive, was released from employment and declared surplus pursuant to s. 22(4) of the Public Service Act.

Eleven months after the expiry of the 21-day time limit, the grievor filed a grievance alleging wrongful dismissal.

The employer raised preliminary objections regarding jurisdiction and timeliness.

The Public Service Grievance Board assumed jurisdiction by treating the matter as an alleged wrongful dismissal grievance but declined to extend the time limits for filing.

Finding no satisfactory explanation for the lengthy delay, the Board dismissed the grievance as untimely.

Following an arbitration award that reinstated the grievor with full compensation, the parties disagreed on whether compensation included legal costs.

The grievor sought legal costs, citing a previous exceptional case.

The Public Service Grievance Board denied the request, reaffirming its long-standing policy not to award legal costs in grievance arbitrations, finding no unique circumstances to justify an exception.

The grievor, a bargaining unit employee, applied for a non-bargaining unit position and was unsuccessful.

He filed a grievance with the Public Service Grievance Board.

The employer objected to the Board's jurisdiction, arguing that the grievor, as a bargaining unit employee, falls under the Crown Employees Collective Bargaining Act and must grieve through the Grievance Settlement Board.

The Board agreed, finding that the definition of 'persons employed in the public service' under the Public Service Act regulations excludes those defined as 'employees' under the Crown Employees Collective Bargaining Act.

The grievance was dismissed for lack of jurisdiction.