Parliamentary Employment and Staff Relations Regulations

77 (1) Subject to subsection (2), but notwithstanding any other provision of these Regulations, the Board may decide to dismiss a grievance on the ground that it is not a grievance that may be referred to adjudication pursuant to paragraph 63(1)(a), (b) or (c) of the Act.

(2) Before dismissing a grievance pursuant to subsection (1), in order to determine whether or not a grievance may be referred to adjudication, the Board shall

• (a) invite the parties to submit written arguments within the time and in the manner specified by the Board; or

• (b) hold a hearing.

(3) Where the Board dismisses a grievance pursuant to subsection (1), the Board shall state in a written decision its reasons therefor and serve a copy thereof on the parties to the grievance.

(4) An aggrieved employee may, within 25 days after being served with a decision pursuant to subsection (1), file with the Executive Director a request that the Board review its decision.

(5) A request for review filed pursuant to subsection (4) shall contain a concise statement of the facts and grounds on which the aggrieved employee relies.

(6) Where a request for review is filed with the Executive Director, the Board shall

• (a) rescind its decision and direct that the grievance be proceeded with in the manner set forth in sections 67 to 76;

• (b) serve the aggrieved employee and any other person who, in the opinion of the Board, may be affected by the grievance with a notice of hearing in Form 16 to show cause why the grievance should be heard; or

• (c) confirm in writing its decision dismissing the grievance.