Public Service Labour Relations Board
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Carbray v. Deputy Head (Correctional Service of Canada)

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2010 PSLRB 76
Before: Michele A. Pineau
Decision Rendered: June 10, 2010
Original Language: French
The Federal Court has closed its file (Court file: T-1093-10).
Rejection on probation – Objection to jurisdiction – No allegations of facts that, if proven, would give an adjudicator jurisdiction

The grievor was rejected on probation – her bargaining agent referred her grievance to adjudication as a non-disciplinary termination – 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 – the adjudicator found that the Public Service Labour Relations Act (PSLRA) did not provide her with jurisdiction to hear an individual grievance about a termination of employment under the Public Service Employment Act – she also 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 give her jurisdiction to hear the grievance under the PSLRA.

Objection allowed.

File closed.