The respondent police service brought a motion to dismiss the appellant officer's appeal as untimely under section 87(1) of the Police Services Act.
The appellant had been demoted with conditional reinstatement, but was not reinstated following a subsequent suspension.
After an arbitrator ruled the dispute was disciplinary and not arbitrable, the appellant appealed to the Commission.
The Commission dismissed the motion, finding that the 30-day time limit in section 87(1) did not apply because no hearing had taken place.
The Commission further held it had jurisdiction under section 78(1) because the complaints process was not completed given the conditional nature of the original penalty.