Public Service Labour Relations Board
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Rai v. Deputy Head (Canada Border Services Agency)

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2010 PSLRB 54
Before: Michele A. Pineau
Decision Rendered: April 20, 2010
Original Language: English
Rejection on probation – Objection to jurisdiction – No allegations of facts that, if proven, would justify taking jurisdiction

The grievor was rejected on probation – his bargaining agent referred his grievance to adjudication as a disguised disciplinary termination and a rejection on probation made in bad faith – the bargaining agent did not represent the grievor at adjudication – the deputy head objected to the jurisdiction of an adjudicator to hear the grievance – the grievor did not respond to the deputy head’s objection – the adjudicator decided to determine the matter without an oral hearing – she found that a rejection on probation is a termination of employment under the Public Service Employment Act – the adjudicator further found that the Public Service Labour Relations Act did not provide her with jurisdiction to hear an individual grievance with respect to a termination of employment under the Public Service Employment Act – finally, she found that the grievor’s failure to respond to the deputy head’s objection left her with no allegations of facts that, if proven, would justify her taking jurisdiction under the Public Service Labour Relations Act.

Objection allowed.

File closed.