OPSGB 1995

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.

The grievor, a medical consultant, was released from her employment with the Ministry of Labour due to budget cuts under the Expenditure Control Plan.

The employer used an assessment process to determine which of the five medical consultants would be retained.

The grievor alleged that the assessment was unfair and inaccurate, leading to her wrongful release.

The Public Service Grievance Board found that the assessment process was fundamentally flawed and lacked procedural fairness, as it was conducted hastily, contained significant errors, and provided no opportunity for the incumbents to be interviewed or review their assessments.

The grievance was granted, and the grievor was awarded compensation equal to seven months of notice.

The grievor, a senior executive, was released from employment and declared surplus pursuant to s. 22(4) of the Public Service Act.

Eleven months after the expiry of the 21-day time limit, the grievor filed a grievance alleging wrongful dismissal.

The employer raised preliminary objections regarding jurisdiction and timeliness.

The Public Service Grievance Board assumed jurisdiction by treating the matter as an alleged wrongful dismissal grievance but declined to extend the time limits for filing.

Finding no satisfactory explanation for the lengthy delay, the Board dismissed the grievance as untimely.