What is the jurisdiction of an adjudicator?
Section 230 of the Public Service Labour Relations Act (PSLRA) limits an adjudicator’s jurisdiction to determining the reasonableness of an employer’s assessment of an employee’s performance.
In making a decision in respect of an employee’s individual grievance relating to a termination of employment or demotion for unsatisfactory performance, an adjudicator must determine the termination or demotion to have been for cause, if the opinion of the deputy head that the employee’s performance was unsatisfactory is determined by the adjudicator to have been reasonable.
Disclaimer: Material contained on this page is intended for general information purposes only. It is not intended as professional counsel or legal opinion. Any analysis or interpretation contained herein should not be considered to be CAPE’s final analysis or interpretation and is subject to change. It is not binding on CAPE. Every case is highly fact-specific and, as a result, the outcome of any particular case will vary depending on the unique facts and legal issues involved.