Thomas Kuttner

The complainant, a retired public servant, filed a grievance claiming enhanced severance pay following a restructuring announcement.

The employer raised four preliminary objections to the Board's jurisdiction.

The Board dismissed the first three objections, finding that the complainant established a prima facie case, filed his notice of proposal within the 14-day time limit, and was eligible to file despite being retired.

However, the Board sustained the fourth objection, finding that the complaint was filed one day before the expiry of the mandatory 30-day dispute resolution period.

As the time limits are mandatory, the premature filing left the Board without jurisdiction, and the complaint was dismissed.

The complainant, a correctional sergeant, was dismissed for alleged excessive use of force and orchestrating a sick leave call.

He filed a complaint with the Public Service Grievance Board.

The employer raised a preliminary objection that the complainant failed to provide notice of his proposal to file a complaint to the Deputy Minister within the mandatory 14-day period under O. Reg. 378/07.

The Board found that the notice was provided 15 days after the complainant received notice of his dismissal.

As the timelines in the regulation are mandatory and the Board has no discretion to extend them, the Board concluded it lacked jurisdiction and dismissed the complaint.