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Gnanaratnam and Treasury Board (Justice Canada)
Before: B. Turner
Appearances: Gnanaratnam, for the Grievor; R. Lafrenière, for the Employer
Decision rendered: January 20, 1997
Jurisdiction - Termination - Term employee - grievor who was a term employee was advised on February 21 that his term of employment was being extended until May 21 - grievor was advised on April 25 that once his term ended he would not be rehired - grievor referred matter to adjudication alleging a lack of notice for his termination, wrongful termination of employment and deprivation of eligibility for superannuation - employer raised three preliminary objections to jurisdiction of adjudicator: (1) no grievance was ever presented by the grievor, (2) no grievance was presented within the 25 day period provided by the collective agreement, and (3) the grievor was not subject to a termination under subsection 92(1) of the Act - rather his employment came to an end at the expiration of a specified term pursuant to section 25 of the Public Service Employment Act (PSEA) - adjudicator made no ruling on the timeliness issue but found that the grievor had not presented a grievance up to and including the final level of the grievance process as required by subsection 92(1) of the Act - adjudicator also found that the cessation of the grievor's employment was not a termination under subsection 92(1) of the Act, but was the result of the expiration of a specified term under section 25 of the PSEA - adjudicator concluded he was without jurisdiction to hear the matter.