Maqsood v. Treasury Board (Department of Industry)

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2009 PSLRB 175
Before: Beth Bilson
Decision Rendered: December 14, 2009
Original Language: English
An application for judicial review before the Federal Court of Appeal has been dismissed (Court file: A-40-10). An appeal before the Federal Court of Appeal has been dismissed (2011 FCA 309)(Court file: A-4-11).

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.