
2010 PSLRB 86
Resignation – Jurisdiction – Preliminary objection – Duress
The grievor resigned his employment with the Canada Revenue Agency (CRA) and subsequently filed a grievance alleging that his employment had been terminated, that the resignation had been obtained under duress and that the CRA had misrepresented the consequences of the resignation to him – the CRA raised an objection to the adjudicator’s jurisdiction, arguing that the resignation was bona fide – the employer had investigated allegations of misconduct against the grievor, and the grievor had been given a copy of the report – a meeting was held with the grievor and his representative to discuss the report, and the employer had concluded that the grievor should be terminated – at a second meeting, the grievor was given the letter of termination and the option of resigning, which he did, submitting his letter of resignation that afternoon – the onus rested on the grievor to establish that the resignation was not valid – he failed to prove that the conduct of the employer amounted to deception or coercion – he was given the opportunity to consider his options and was represented by his bargaining agent – while he may have misunderstood the significance of resignation or may have made his decision based on mistaken assumptions, the employer was not responsible.
Grievance dismissed.