FPSLREB Decisions

In 2015, the complainant made two complaints under s. 190(1)(g) of what was then named the Public Service Labour Relations Act (S.C. 2003, c. 22, s. 2), alleging that the respondent had failed its duty of fair representation under s. 187 – the complaints related to a series of events in 2015 that occurred after the complainant’s medical leave and her ensuing gradual return to work – the respondent argued that the complaints should be dismissed as it responded to them in a reasonably timely manner, and investigated and addressed every issue she raised in a thoughtful and informed matter – it also argued that it filed multiple grievances on her behalf, some of which were still ongoing – the Board dismissed both complaints – the complainant failed to establish that the respondent acted in a manner that was arbitrary, capricious, discriminatory, or wrongful – the submissions established that the respondent exercised its discretion in good faith, objectively, honestly, and after a thorough study of the case – while the complainant might not have been happy with all the outcomes of the respondent’s advocacy or advice, it listened to her concerns and provided reasonably prompt and thoughtful replies to her many inquiries.

Complaints dismissed.