FPSLREB Decisions

Decision Information

Cound v. Professional Institute of the Public Service of Canada

Collection FPSLREB Decisions
Decision Rendered 2025-04-14
Citation 2025 FPSLREB 38
Before Joanne Archibald
Decision Type Labour Relations
Subject Terms Duty of fair representation
Keywords Labour relations – Complaint under s. 190(1)(g) of the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2) – Duty of fair representation – Motion to dismiss – Arguable case
Original Language English
Note Please note that this decision will be published when it is available in both official languages. If you wish to obtain a copy of the decision in the official language it was written, please communicate with mail.courrier@fpslreb-crtespf.gc.ca.
Summary:

The complainant alleged that the respondent failed to act on his request to nullify a settlement agreement that was executed to settle his prior grievances. After the settlement agreement was reached and the grievances were withdrawn, the complainant asked the respondent how he could be released from the agreement. He felt that it was unfair. He told the respondent that he was ill when he signed it and that his illness had affected his cognition. The respondent requested and assessed his medical documents related to his request. It declined to take any steps toward dissolving the settlement agreement. In its motion to dismiss the complaint, the respondent submitted that the complaint did not raise an arguable case of arbitrary conduct. The Board found that there was no arguable case that the respondent acted in manner that was arbitrary, discriminatory, or in bad faith. The respondent asked the complainant for medical evidence and assessed that information when it decided not to take further action.

Motion granted.
Complaint dismissed.

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