
Termination (non-disciplinary) – Incapacity – Whether discrimination prohibited by the collective agreement and the Canadian Human Rights Act (CHRA) – Whether internal independent third-party review process available – Jurisdiction
The grievors grieved that the termination of their employment for incapacity was discriminatory and that it was in violation of their collective agreement and the CHRA – the employer objected to the jurisdiction of an adjudicator, alleging that the termination of the grievors’ employment was non-disciplinary and that their grievances could be dealt with through its independent third-party review process – although an adjudicator does not usually have jurisdiction over a non-disciplinary termination of employment at the Canada Revenue Agency, he or she has jurisdiction to decide whether the collective agreement has been breached or the grievors have been subject to discrimination prohibited by the CHRA.
Objection dismissed.
Jurisdiction taken.