The complainant alleged that the respondents committed an unfair labour practice within the meaning of section 185 of the Public Service Labour Relations Act (“the Act”) in their representation of her, in discriminating against her by their failure to represent her throughout her period of disability and in failing to file grievances that may have offered meaningful remedies for her problems – the respondents submitted that the complaint was untimely as it clearly had been filed outside the 90-day time limit prescribed by subsection 190(2) of the Act – in 1998, the complainant was accused of harassment by a co-worker – despite the accusations being eventually ruled unfounded, the events caused the complainant to suffer from major depression – she was found no longer capable of working and received disability benefits for years before retiring and receiving a disability pension in 2006 – in 2001, the complainant filed grievances against her employer, but mediation failed, and, in January 2004, her bargaining agent advised her that it was withdrawing her grievances from adjudication – that was the last contact she had with the respondent before filing this complaint in 2009 – the complainant filed a lawsuit against her employer in 2004, but it was dismissed for want of jurisdiction, which was upheld on appeal – the complainant’s psychologist testified that, during the period in question, the complainant did not have sufficient clarity to process facts in a logical order, but he also testified that she was never legally incompetent – all the events forming the basis of the complaint occurred before the Act was enacted – the parties did not address whether the Act or its predecessor, the Public Service Staff Relations Act (“the former Act”) applies – the former Act did not impose time limits for filing complaints, but the jurisprudence under the former Act held that complaints had to be filed within a reasonable time – in any event, the complaint was untimely – if the former Act applied, the complaint was not filed within a reasonable time – the complainant had the capacity to act during the period in question under the new Act, the complaint was clearly filed outside the time limit and the Board did not have the authority to extend the time limit.

Complaint dismissed.