CASE PROCESSING PROCEDURES; EVIDENCE – Background Evidence and Matters Not Alleged

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Complaint alleging that placement of employee on administrative leave (ATO) as part of the process to reject him on probation put the employer on notice that the decision to reject employee on probation was included within the scope of the complaint. The decision to reject the employee on probation was properly included within the scope of the hearing, given that the employer presented substantial evidence to explain the basis for its decision, the decision was intimately related to the decision to place him on ATO, the rejection decision was fully litigated and the parties had ample opportunity to examine and cross-examine on the issue.