The grievor contested her rejection on probation as a correctional officer, alleging that it was disguised discipline, a sham and done in bad faith – the employer objected to the jurisdiction of an adjudicator to hear and determine the grievance as such a termination is provided for in the Public Service Employment Act (PSEA), and the referral of such a grievance to adjudication was therefore prevented under section 211 of the PSEA – the grievor’s six-month performance appraisal indicated that she did not meet three of the five objectives of her position – she signed her appraisal and was clearly warned that she could fail her probation if she did not improve – the grievor was then reported by her supervisor to have been found sleeping on her morning shift, an accusation that the grievor disputed but did not grieve – the adjudicator found no evidence that the reasons for termination were not employment-related – the adjudicator did not have the authority to decide whether the employer had just cause to terminate the grievor – the employer had adduced employment-related reasons to support its decision to terminate and the grievor had failed to prove that the termination was a sham, or done in bad faith – the adjudicator was therefore without jurisdiction to hear and decide the grievance.

Grievance denied.