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Vidlak v. Treasury Board (Canadian International Development Agency)

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Full Text
2006 PSLRB 96
Before: Sylvie Matteau
Decision Rendered: August 14, 2006
Original Language: English

An application for judicial review before the Federal Court of Appeal is pending  (A-390-06).  Transferred to the Federal Court (2007 FC 1182) (T-1873-06).  An application for judicial review before the Federal Court has been dismissed.

Subject terms:

Application for extension of time limits – Criteria for exercise of discretion – Clear, cogent and compelling reasons not proven – Due diligence not proven – Chance of success not proven – Employer alleged prejudice, given the length of the delay – No evidence that applicant was misguided by his bargaining agent

The applicant filed an application in November 2005 to request an extension of time limits to file a grievance with respect to the treatment he received from his employer in 2002 – the employer opposed the application – the applicant failed to provide cogent and compelling reasons to explain the delay, other than to say that he had a non-confrontational personality – the jurisprudence of the former Public Service Staff Relations Board on the issue of extension of time limits is applicable to the corresponding new provisions on such matters, as the principles developed in that jurisprudence are of the same nature as the fairness doctrine contained in paragraph 61(b) of the Public Service Labour Relations Board Regulations – the applicant had not proven due diligence, nor that his grievance had any chance of success – the employer had addressed the issue of prejudice against it and had given reasons in support of its position on this issue – while nobody should be criticized for attempting the informal resolution of a conflict, deadlines must not be ignored and access to the formal route should be secured at the same time – there was no evidence that the applicant had been misguided by his bargaining agent – the applicant had not met his burden of proof.

Application dismissed.