M. Lynk

The grievor brought a preliminary motion arguing that the Public Service Grievance Board has the authority to award punitive and aggravated damages.

The Board ruled that it does not have the jurisdiction to award punitive damages, as its remedial powers are compensatory rather than punitive.

However, the Board held that it does have the jurisdiction to award aggravated damages in appropriate circumstances to compensate for mental distress, subject to specific conditions.

The grievor filed a grievance alleging wrongful termination from her position at the Liquor License Board of Ontario.

The employer raised a preliminary objection that the Public Service Grievance Board lacked jurisdiction because the grievor was hired under the Liquor License Act, not the Public Service Act.

The Board agreed, finding that the grievor was not employed under the jurisdiction of a Deputy Minister as required by Regulation 977, and dismissed the grievance for lack of jurisdiction.