Coleman-Kamphuis v. Treasury Board (Department of National Defence)

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Full Text
2012 PSLRB 56
Before: Linda Gobeil
Decision Rendered: May 10, 2012
Original Language: English

Subject terms:

Extension of time limits to file grievance – Cogent and compelling reasons – Discrimination – Disability

The applicant sought an extension of time in which to file a grievance – the applicant alleged that she had been discriminated against on the grounds of disability – relying on the advice of counsel, she first complained to the Canadian Human Rights Commission but her complaint was rejected, and she was advised to file a grievance – she contacted her bargaining agent but filed her grievance only some time later – the applicant had been diagnosed with and treated for cancer, became the sole caregiver to her two children, one of whom had ADHD, when her husband was posted to Afghanistan and Toronto, and was under the care of both a psychiatrist and a psychologist in the months before her application – the applicant demonstrated clear, cogent and compelling reasons to explain the delay – based on the unique circumstances of the case, the Vice-Chairperson decided to exercise her discretion to grant the extension of time – the applicant had not been in a position to respect the time limit for filing a grievance.

Application allowed.