FPSLREB Decisions

Decision Information

Cayen v. Treasury Board (Department of Employment and Social Development)

Collection FPSLREB Decisions
Decision Rendered 2025-05-26
Citation 2025 FPSLREB 64
Before Christopher Rootham
Decision Type Labour Relations
Subject Terms Jurisdiction
Time limit
Keywords Labour relations – Complaint – Section 190 of the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2; “the Act”) – Objection – Jurisdiction – Untimely – Alleged medical incapacity – COVID-19 vaccine
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 complaint was made under s. 190 of the Act. The complainant received the COVID-19 vaccine in November 2021 and reported being ill afterward. He went on sick leave and had not returned to work by the time the decision was rendered. He attributed his illness to the vaccine. The employer objected to the Board’s jurisdiction, as the complaint was made outside the 90-day time limit. The complainant claimed that he was at a disadvantage and was unable to follow the Board’s process. He provided a half-page of an originally 17-page medical document to support his claims. The Board found that the complaint was made outside the 90-day time limit and reiterated that that time limit is mandatory and that it can be waived only in rare cases, including when a complainant is medically incapacitated. However, the Board found that the complainant did not provide sufficiently detailed medical information to support waiving the time limit. It also found that his ability to retain and instruct counsel to write a demand letter to his bargaining agent was a very strong indicator that he had the medical capacity to make a complaint about the same issue.

Complaint dismissed.

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