Public Service Labour Relations Board
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Goldsmith v. Deputy Head (Department of Human Resources and Skills Development)

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2010 PSLRB 36
Before: Dan Butler
Decision Rendered: March 5, 2010
Original Language: English
Termination – Revocation of appointment – Administrative procedure for redress under another Act of Parliament – Whether disciplinary measure resulting in termination – Jurisdiction – Subsection 208(2) and paragraph 209(1)(b) of the Public Service Labour Relations Act (PSLRA)

The deputy head revoked the grievor’s appointment – the grievor grieved that the revocation was a disguised disciplinary measure resulting in termination – the adjudicator found that, inasmuch as the essential character of the grievance related to the revocation of appointment, the complaint process set out in the Public Service Employment Act (PSEA) was available to the grievor – therefore, the adjudicator lacked jurisdiction to hear that aspect of the grievance, as the PSEA complaint process is an administrative procedure for redress to which subsection 208(2) of the PSLRA refers – the adjudicator further found that the grievor failed to raise an arguable case that the revocation was a disciplinary measure – jurisdiction not taken under paragraph 209(1)(b) of the PSLRA.

Grievance denied.