
The grievor’s term contract was not renewed, and she filed a grievance alleging that she had been terminated – she alleged that her termination was based on discrimination, harassment, unfair hiring practices, mismanagement and unethical practices – the respondent raised a preliminary objection, arguing that the adjudicator did not have jurisdiction to hear and determine the grievance because the non-renewal of a term appointment does not constitute a termination within the meaning of paragraph 209(1)(b) of the Public Service Labour Relations Act – the grievor needed to prove that, on a balance of probabilities, the respondent’s action in reality comprised a disciplinary action resulting in termination – the adjudicator decided that the grievor had not met that burden – the grievor’s submissions and arguments focused on allegations of discrimination and bad faith, but no mention was made of any incident that might be characterized as misconduct or of anything said or done by the respondent that could be viewed as an attempt to correct the grievor’s behaviour through a disciplinary response – a grievance must be properly referred to adjudication before an adjudicator acquires the authority to interpret and apply the Canadian Human Rights Act.
Grievance dismissed.