OPSGB 1994

The Grievor was released from his employment on the last day of his one-year probationary period.

He filed grievances alleging wrongful dismissal and improper working conditions.

The Employer brought a preliminary motion to dismiss the grievances for lack of jurisdiction, arguing that under section 22(5) of the Public Service Act, a probationary employee released within the first year has no right to a hearing on the merits.

The Grievor argued he had completed his probationary period by working on the final day.

The Public Service Grievance Board held that releasing the employee on the 365th day satisfied the statutory requirement for termination within the first year.

The Board concluded it lacked jurisdiction to hear the dismissal grievance or the working conditions grievance, and dismissed both.

Following an arbitration award that reinstated the grievor with full compensation, the parties disagreed on whether compensation included legal costs.

The grievor sought legal costs, citing a previous exceptional case.

The Public Service Grievance Board denied the request, reaffirming its long-standing policy not to award legal costs in grievance arbitrations, finding no unique circumstances to justify an exception.