Public Service Labour Relations Board
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Palmer v. Canadian Security Intelligence Service

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Full Text
2010 PSLRB 11
Before: Marie-Josée Bédard
Decision Rendered: January 25, 2010
Original Language: English

Subject terms:

Objection to jurisdiction – Settlement – Whether withdrawal of grievance determinative

The grievor was dismissed from the Canadian Security Intelligence Service – he referred his grievance to adjudication but settled it before a hearing was held – he signed the minutes of the settlement and withdrew his grievance – two years later, he contacted the Board and requested that it reopen his case and take jurisdiction to determine whether his consent to the settlement was vitiated by misstatements, misrepresentations, fraud and/or coercion on the part of the employer – he alleged that, at mediation, he was incorrectly advised that the employer’s refusal to grant him a Top Secret security clearance would prevent the adjudicator from reinstating him – he alleged that this was his main consideration in reaching the settlement – the employer objected to the jurisdiction of an adjudicator – the adjudicator found that she had jurisdiction to determine whether the parties had entered into a valid and binding settlement and whether the withdrawal was binding – the withdrawal of a grievance is not determinative when an allegation goes to the very existence of a binding agreement.

Objection dismissed.

Jurisdiction taken.