Public Service Labour Relations Board
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Kidd v. National Research Council of Canada

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2010 PSLRB 73
Before: Renaud Paquet
Decision Rendered: June 2, 2010
Original Language: English

Grievances – Objections – Settlement agreement – Whether adjudicator has jurisdiction over grievances filed after grievor’s retirement – Whether employee entitled to other leave in addition to vacation leave

The grievor filed three grievances after her retirement alleging that the employer had denied her leave to which she claimed to have been entitled – the employer objected that the last months of the grievor’s employment were covered by a settlement agreement and that therefore the adjudicator did not have jurisdiction – the employer also objected that the grievor was no longer an employee and therefore did not have standing before the adjudicator – the adjudicator ruled that the grievances arose during employment and that therefore he had jurisdiction – he also ruled that the grievances should be decided under the collective agreement, not on the basis of the settlement agreement – the adjudicator dismissed the grievances because the leave claimed could not have been taken at the same time as the vacation leave that the grievor had enjoyed for the last few months before retiring.

Grievances denied.