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149-33-226, 166-33-30261 (2001 PSSRB 113)
Wyborn v. Parks Canada Agency
Before: G. Gigučre
Appearances: P. Taylor, for the Applicant; R. Fader and M. Khanna, for the Employer
Decision rendered: October 30, 2001
Termination (disciplinary) – Grievance procedure – Extension of time – Section 63 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (Regulations) – the grievor's employment had been terminated for theft – the letter of termination contained a notice to the effect that the grievor could grieve the employer's decision within 25 days – at that time, criminal charges against the grievor were pending – four months later, the grievor learned that the criminal charges had been dropped – he then contacted his bargaining agent with a view to grieve the termination of his employment and was informed that it was too late – six weeks later, the grievor grieved the termination of his employment – the employer considered that the grievance was untimely – pursuant to section 63 of the Regulations, the grievor filed an application for an extension of the time limits to file a grievance – the employer opposed the application – the grievor alleged that he would suffer a greater prejudice by the time limits to file his grievance not being extended, than the employer would if they were – he added that he had a limited ability to understand legal technicalities – the employer responded that the grievor had been represented by his bargaining agent at each of his meetings with the employer – it added that the grievor had made a conscious decision not to grieve within the 25 days, because he was more concerned with the criminal charges against him – the employer argued that there was no need to weigh the relative prejudices between the parties in considering an application for an extension of time limits – the Board found that there were no reasons in that case to justify granting the extension of time limits to file a grievance.
|Cases cited:||Rattew (149-1-107); Boulay (149-2-160); Stubbe v. Canada (Treasury Board) (Federal Court of Appeal file A-130-93, April 14, 1994).|