The grievor, a probationary Bilingual Eligibility Adjudicator, was terminated shortly before the end of her extended probationary period.
The union grieved the termination, alleging it was arbitrary, discriminatory, and in bad faith, and that the employer failed to provide regular performance feedback.
The Grievance Settlement Board found that while the employer had legitimate concerns about the grievor's performance, the decision to terminate was arbitrary because the manager failed to consider the grievor's disclosure of her long history of depression and recent traumatic events.
Furthermore, the employer's direction prohibiting only the grievor from working extra hours, unlike other probationary employees, was discriminatory.
The grievance was allowed, and the employer was ordered to reinstate the grievor for a 90-day probationary period upon medical clearance.
