FPSLREB Decisions

The grievor filed a grievance about her work location and her tax location and the retroactive payments that she alleged were taxed incorrectly and that were not adjusted. The employer raised an objection that the grievance was filed outside the time limit. According to the employer, the grievor was aware of the issue on May 6, 2024, when she received the letter of offer for her acting assignment indicating, in error, Québec as her tax location. She filed her grievance on July 18, 2024, which was 32 days past the deadline in the collective agreement. The Board found that the grievance was filed within the time limit. Examining the nature of the grievance, including the requested corrective action, the Board determined that the substance of the grievance was not the incorrect tax location but the resulting tax deductions that were made as if she worked in Québec. On June 13, 2024, the Public Service Pay Centre advised the grievor that the pay system did not allow for retroactive tax changes. Therefore, the act that gave rise to the grievance happened on June 13, 2024, when she was aware that the employer would not correct the retroactive tax deductions. She filed her grievance 24 days later, which was within the 25-day time limit outlined in her collective agreement. Therefore, the grievance was timely.

Objection dismissed.