FPSLREB Decisions

Decision Information

Brown v. Deputy Head (Department of National Defence)

Collection FPSLREB Decisions
Decision Rendered 2024-05-16
Citation 2024 FPSLREB 69
Before Caroline Engmann
Decision Type Labour Relations
Subject Terms Extension of time
Time limit
Keywords Labour relations – Application for an extension of time under s. 61(b) of the Federal Public Sector Labour Relations Regulations (SOR/2005-79; “the Regulations”) – Individual grievance – Timeliness – Extension of time
Summary:

The applicant grieved the respondent’s decision to place her on leave without pay in the application of the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police – the respondent raised a preliminary objection on the ground that the grievance was filed late – the applicant sought an extension of time under s. 61(b) of the Regulations – the Board applied the criteria in Schenkman v. Treasury Board (Public Works and Government Services Canada), 2004 PSSRB 1, and found that it was in the interest of fairness to grant the extension – it found that the applicant provided a clear, cogent, and compelling reason for not filing the grievance within the prescribed time limit – it considered the applicant’s state of mind at the moment she was placed on leave without pay and the fact that the respondent did not inform her of her right to file a grievance – the Board found that a three-month delay filing a grievance was not inordinate – the potential injustice to the applicant were the extension not granted outweighed any prejudice to the respondent.

Application granted.
Objection dismissed.

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