The grievors, former employees of the Liquor Control Board of Ontario (LCBO), filed grievances alleging wrongful dismissal.
The employer raised a preliminary objection that the Public Service Grievance Board lacked jurisdiction because the grievors were hired under the Liquor Control Act and were 'crown employees' rather than 'public servants' under the Public Service Act.
The Board agreed, finding that its jurisdiction under Regulation 977 is limited to persons employed in the public service under the jurisdiction of a Deputy Minister.
As the LCBO does not appoint under the Public Service Act, the Board dismissed the grievances for lack of jurisdiction.