The appellant has appealed the decision of her employer, the respondent, to end her acting arrangement early. The appellant, employed in a level 6 position, began an acting level 7 position for a period of 12 months. However, the respondent informed her that the acting arrangement would end approximately six months early as she was “not a good fit” for the role.

The appellant contended that the termination of her acting arrangement constituted a dismissal, arguing that the decision was harsh, oppressive, or unfair, particularly given the reason provided, which she claimed contradicted public sector employment standards. The respondent argued that the Public Service Appeal Board lacked jurisdiction to hear the appeal, asserting that the appellant was neither dismissed nor constructively dismissed, and that her employment relationship with the respondent remains ongoing.

The Appeal Board found that the termination of the acting arrangement did not amount to a dismissal, as the appellant continued to hold her substantive position. The Appeal Board noted that it could not consider the fairness of the respondent’s decision to end the acting arrangement early, given the absence of a dismissal, and dismissed the appeal.

The decision can be read here.