
Rejection on probation – Preliminary objection to jurisdiction – Failure to meet performance standards – Onus of proof – Sham or camouflage
The grievor contested his rejection on probation – the employer raised a preliminary objection to the jurisdiction of an adjudicator to consider the grievance – the employer put forward an employment-related reason for the rejection on probation, pointing to the grievor’s failure to meet expected performance standards – the burden fell on the grievor to demonstrate that the reasons given for the rejection on probation were a sham or camouflage and that the employer acted in bad faith – the grievor failed to satisfy his onus – objection allowed.
Grievance denied.