FPSLREB Decisions

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).