Public Service Labour Relations Board
www.pslrb-crtfp.gc.ca
Common menu bar links
Institutional links
Reports
Legislation and Forms
FAQs
Resources
Completed Access to Information Requests
Proactive Disclosure
Code of Conduct
Archived Content
Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats. Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving.
Wyborn v. Parks Canada Agency
Full Text
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
Subject terms:
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.
Application dismissed.
Grievance denied.
| 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). |
|---|
