Thomas Kuttner, Q.C.

The complainant filed a grievance alleging that her supervisor downgraded her annual performance evaluation in retaliation for a previous workplace harassment complaint.

The employer raised a preliminary objection to the Board's jurisdiction.

The Board held that under section 4(2) of O. Reg. 378/07, it has no jurisdiction to entertain complaints regarding the evaluation of a public servant's performance, even where bad faith or retaliation is alleged.

The complaint was dismissed.

The complainant, a Sergeant at a correctional complex, filed a complaint alleging he was unfairly denied a performance-based merit increase when his performance rating was downgraded by regional management.

The employer challenged the jurisdiction of the Public Service Grievance Board to hear the complaint.

The Board held that under section 4(2) of O. Reg. 378/07, it has no jurisdiction to entertain complaints regarding the evaluation of a public servant's performance or the resulting compensation.

The complaint was dismissed.

The complainant, a Unit Sergeant, filed a complaint alleging he was suspended for seven days without just cause.

At a mediation/arbitration hearing, the parties entered into a Memorandum of Settlement resolving all matters in dispute.

At the employer's request, the Board issued the settlement as an Order of the Board.

The Complainant alleged the Employer failed to appoint him to a full-time position despite verbal assurances following a successful job competition.

The Employer raised preliminary objections regarding jurisdiction, arguing no prima facie case, no discrimination, and untimeliness.

The Board found the Complainant established a prima facie case based on equitable estoppel regarding the verbal assurances, making it a term or condition of employment.

The discrimination claim was dismissed for lack of nexus.

The complaint was deemed timely.

The matter was referred for a hearing on the merits.

The complainant, a Unit Sergeant, was suspended for seven days and filed a notice of proposal to complain two days after the 14-day limitation period prescribed by O. Reg. 378/07.

The employer raised a preliminary objection that the Board lacked jurisdiction due to the late filing.

The Board dismissed the preliminary objection, finding that the mandatory time limits were suspended by O. Reg. 73/20 under the Emergency Management and Civil Protection Act due to the COVID-19 pandemic.

The Board exercised its discretion to extend the time limit, noting the lack of prejudice to the employer and the objective of expeditious resolution.