FPSLREB Decisions

The complainant made a complaint under s. 190(1)(g) the FPSLRA – she alleged that the respondent failed to represent her in the course of the employer’s investigation into a harassment complaint that she had made against a colleague, as it had a conflict of interest – unbeknownst to her at the time, the same representative with whom she discussed the matter also briefly represented the colleague who she complained was harassing her – among other things, the respondent argued that the complaint was untimely as it was made more than 90 days after she knew of the act, omission, or other matter that gave rise to it – she argued that it was timely, as she made it within 90 days of the completion of the respondent’s internal appeal process – the Board dismissed the complaint on the ground that it was untimely – the circumstances that give rise to a complaint cannot be extended by invoking other circumstances, such as the use of a representative’s internal appeal process, that go beyond the first refusal to proceed with the dispute at issue – nothing prevented her from making a complaint to the Board and then asking that it be held in abeyance until the representative’s internal appeal process was completed.

Complaint dismissed.