Thomas Kuttner, Q.C.

Since 2022

cases · 1 yrs · OPSGB

Trial

Motion

Costs

Appeal

Sentencing

Vice Chair· 2

Seales v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2022 CanLII 31378

Grievance board lacks jurisdiction to hear complaints about performance evaluations, even if retaliation is alleged.

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.

OPSGBMar 21, 2022

Parkes v. The Crown in Right of Ontario (Ministry of the Solicitor General), 2022 CanLII 31379

Grievance board lacks jurisdiction to hear complaints regarding performance evaluations and associated merit pay.

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.

OPSGBFeb 18, 2022

for the Complainant

SealesSelf-represented
1 appearance
Self RepresentedSelf-represented
1 appearance

for the Employer

Andrew LynesCounsel
1 appearance
Peter DailleboustCounsel
1 appearance

Decisions

Years active

Tribunals

2022–2022

Active range

OPSGB2(100%)

Decision types

motion