FPSLREB Decisions

Termination (non-disciplinary) - Request for extension of the time limit to file a grievance - Section 63 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 - Burden of proof - the applicant applied for an extension of the time limit to file a grievance against the termination of her employment, which occurred 21.5 months earlier - while still employed, she had a complete mental breakdown and proceeded on sick leave - she did not report to work on the date on which the employer expected her back from sick leave - eventually, the employer informed her that she was deemed to have abandoned her position and terminated her employment in February 2000 - in March 2000, she contacted the payroll section to inquire about pension and insurance statements, and the personnel office regarding payments to which she considered being entitled - in April 2000, she contacted a benefits clerk to obtain a copy of the insurance policy and the employer's policy on termination of employment - in May 2000, the employer provided her with the insurance information - the remaining issues were to be addressed by the employer's counsel, from whom the applicant alleged having received no reply - the applicant was sick out the fall 2000 - however, she attended a tax course at that time and completed it - after consultations with her own counsel in 2001, she filed an application for an extension of time in December 2001 - the applicant argued that she had been under psychiatric care for over one year - she submitted that, at the time her employment was terminated, the employer was fully aware of her condition and that her doctor had not indicated that she was able to return to work - she alleged that she was first able to deal with the termination issue in December 2001 - the employer responded that the applicant did not act with due diligence - it added that she was well enough to request information from the employer in March and April 2000 - the Board found that, in light of the lengthy delay in this case, the applicant had the burden to present clear, cogent and compelling reasons in support of her application - the Board further found that the applicant was able to enquire about her entitlements at the beginning of 2000 and take a tax course in the fall of the same year - the Board found that the evidence was insufficient to justify granting an extension of time to file a grievance. Application dismissed. Cases cited: Rattew v. Treasury Board (National Defence) (149-2-107); Guittard v. Staff on the Non-Public Funds, Canadian Forces, 2002 PSSRB 18 (149-18-228).