Roberts v. Deputy Head (Department of Human Resources and Skills Development)

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2009 PSLRB 108
Before: Ian R. Mackenzie
Decision Rendered: September 10, 2009
Original Language: English
Suspension pending investigation – Revocation of reliability status – Mootness – Whether decision disciplinary or administrative – Jurisdiction

The deputy head suspended the grievor pending a disciplinary investigation – it later terminated the grievor for disciplinary reasons, retroactively to the date of the suspension – the grievor’s security clearance was later revoked – the grievor grieved his suspension pending the investigation, his termination and the revocation of his security clearance and referred his grievances to adjudication – the deputy head objected to an adjudicator’s jurisdiction on the following two grounds: that the grievance challenging the suspension pending investigation was moot; and that the revocation of the grievor’s reliability status was an administrative decision – the adjudicator found that the grievance challenging the suspension pending the investigation was not moot because there were still live issues between the parties as to whether the suspension was well founded and whether the deputy head had the authority to backdate the grievor’s termination – the adjudicator further found that any jurisdiction over the revocation of the grievor’s reliability status would depend on whether the grievor’s termination was well founded.

Objections dismissed.

Hearing ordered.