The Ontario Provincial Police brought a motion to dismiss an appeal filed by Sergeant Mulligan regarding his transfer from aviation duties.
The OPP argued the transfer was an administrative decision, not a disciplinary one, and therefore the Commission lacked jurisdiction.
The Commission found that the essential character of the dispute was disciplinary, stemming from allegations of insubordination, and constituted disguised discipline.
Applying a liberal interpretation of the Police Services Act, the Commission determined it had jurisdiction to hear the appeal despite the lack of a formal disciplinary hearing.
The motion was dismissed and the appeal was ordered to proceed.
