FPSLREB Decisions

Decision Information

Clements v. Public Service Alliance of Canada

Collection FPSLREB Decisions
Decision Rendered 2025-08-20
Citation 2025 FPSLREB 95
Before Augustus Richardson
Decision Type Labour Relations
Subject Terms Duty of fair representation
Time limit
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 – Timeliness – Exceptional or unusual circumstances – Medical conditions
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 made a complaint in February 2025, alleging that the respondent refused to help him with an accommodation issue and that it did not protect his rights. He said that he became aware of the circumstances that gave rise to his complaint on March 10, 2023. The respondent asked the Board to dismiss the complaint for untimeliness. The complainant argued that he was unable to fully assess the situation by the statutory deadline, due to poor health. The Board found that the complaint was late. The Board found that no exceptional or unusual circumstances justified granting an extension of time. Despite his medical conditions, the complainant was actively engaged both in discussions about filing a grievance and in a complaint process at the Canadian Human Rights Commission.

Preliminary objection allowed.
Complaint dismissed.

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