Dismissal on probation: the employer's bad faith is not presumed

An administrative coordinator filed a grievance to challenge her dismissal which occurred during her probation period. The employer argues that the grievance is inadmissible because probationary employees are not entitled to the grievance procedures in cases of dismissal. The arbitrator first noted that the grievance did not refer to any abusive, discriminatory, or bad faith conduct on the part of the employer. In the absence of allegations suggesting such misconduct, the arbitrator shall decline jurisdiction. Furthermore, the arbitrator noted that it is not desirable to assume that any grievance filed by a probationary employee challenging a dismissal implicitly implies conduct contrary to the requirements of good faith since it would annihilate the article in the collective agreement stating that probationary employees who are dismissed or laid off are not entitled to the grievance procedure. The grievance was dismissed. 

Syndicat des employé-e-s de soutien de l’Université Concordia et Université Concordia
2022EXPT-934, 2022 QCTA 147, M^e Nathalie Massicotte