FPSLREB Decisions

Decision Information

Kitzul v. National Police Federation

Collection FPSLREB Decisions
Decision Rendered 2025-09-03
Citation 2025 FPSLREB 104
Before Augustus Richardson
Decision Type Labour Relations
Subject Terms Complaint
Duty of fair representation
Time limit
Unfair labour practice
Keywords Labour relations – Complaint under ss. 190(1)(g) of the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2) – Duty of fair representation – Timeliness
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 an unfair-labour-practice complaint against the respondent when it denied his representation on an appeal of a decision that his employer made after a conduct hearing. The respondent raised several preliminary objections to the complaint. In reviewing the parties’ submissions on the objections, the Board noted that the complaint might have been made beyond the 90-day statutory deadline and requested submissions from parties. The complainant did not respond to the Board’s request. The Board found that the complaint was made outside the 90-day limit. It noted that there may be an implicit power to relieve a party from its failure to make a complaint within the limit but that such a power would be reserved for “truly exceptional or unusual cases”. The onus was on the complainant to establish such circumstances. However, he offered no explanation.

Complaint dismissed.

Decision Content

There is no document available for this decision.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.