
The grievor filed a grievance requesting acting pay as a PE-03 and referred it to adjudication when the employer denied her grievance at the final level of the grievance process – she referred her grievance under paragraph 209(1)(b) of the Public Service Labour Relations Act, which refers to grievances concerning disciplinary action resulting in financial penalty – the employer objected to the adjudicator’s jurisdiction to consider the grievance, alleging that the grievor had, at adjudication, changed the grounds upon which her grievance was based and that she had never been the subject of disciplinary action by the employer – the adjudicator held that the grievance was about the grievor’s disappointment with the result of the reclassification process and that at no time during the grievance process did either party treat the grievance as a disciplinary matter – the law is clear that only the subject matter set out in the grievance may be referred to adjudication – the reasoning in Burchill v. Attorney General of Canada, [1981] 1 F.C. 109 (C.A.) applied – in any event, the grievor could not link what she saw as the flaws in the reclassification process to the perceived discipline to which she felt subjected.
Grievance dismissed.