The grievor, a Senior Policy Advisor, filed a grievance alleging that a job competition was awarded without due consideration of merit and was influenced by discrimination.
The employer raised a preliminary objection, arguing that the grievance should be dismissed because the Board lacked jurisdiction to grant the requested remedies, asserting that the only available remedy would be a re-run of the competition.
The Board dismissed the preliminary objection, finding that it has jurisdiction to hear complaints related to position competitions under the Public Service Act, although it noted that the usual remedy for a flawed competition is indeed a remission back to the employer to re-run the competition.
