OPSGB 2012

The complainant requested certain particulars and the production of documents in an arbitration under the Public Service Act.

The Public Service Grievance Board granted the request, subject to conditions that the disclosed material be used solely for the litigation, not be disseminated further without an order, and be returned at the conclusion of the proceedings.

The complainant brought a grievance against the employer.

Following a hearing, the Vice-Chair directed the employer to remove the complainant's name from the tracking protocol within fourteen days.

The Vice-Chair remained seized of any implementation issues.

The complainant sought an order for $1,500 in damages, plus $1,000 per week, alleging the employer failed to pay funds owing under Minutes of Settlement within a reasonable time and acted in bad faith.

The employer argued there was no time limit in the settlement and that funds were paid promptly upon receipt of proof of expenses.

The Public Service Grievance Board dismissed the request, finding no breach of the settlement, no bad faith, and that the employer satisfied its obligations within a reasonable time.

The complainant, an Operational Manager, filed a grievance 14 years after a 1996 report that he alleged was defamatory and negatively impacted his career and personal life.

The employer raised a preliminary objection that the complaint was out of time and outside the Board's jurisdiction.

The complainant argued the grievance was timely because a 2010 Superior Court decision finding the report defamatory against other managers provided new information.

The Public Service Grievance Board dismissed the complaint, finding that the 14-year delay was too long, inherently prejudicial, and that the 2010 court decision did not constitute a new working condition or term of employment to restart the time limits.