P. Pasieka

The grievor, a former management employee of the Workers' Compensation Board, filed a grievance alleging wrongful dismissal.

The employer raised a preliminary objection, arguing the Board lacked jurisdiction because the grievor was not a public servant under the Public Service Act.

The Public Service Grievance Board agreed, finding that the grievor was hired by the Chair of the Workers' Compensation Board, a Schedule III Crown Agency, and was not employed under the jurisdiction of a Deputy Minister as required by section 36(1) of Regulation 977.

The grievance was dismissed for lack of jurisdiction.

The complainant, a Senior Planner of East Indian origin and Sikh faith, alleged that his employment with the City of Scarborough was terminated due to discrimination based on race, creed, colour, age, and ethnic origin.

The Board of Inquiry found that while the complainant was treated unfairly by management through poor communication and lack of progressive discipline, the termination was rooted in bona fide performance concerns rather than discriminatory animus.

The complaint was dismissed.