FPSLREB Decisions

Decision Information

Salem v. Deputy Head (Department of Health)

Collection FPSLREB Decisions
Decision Rendered 2025-09-24
Citation 2025 FPSLREB 122
Before Christopher Rootham
Decision Type Labour Relations
Subject Terms Termination (non-disciplinary)
Keywords Labour relations – Individual grievance under the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2; FPSLRA) – Termination – Filing an addendum to the grievance – Referral to adjudication without exhausting the internal grievance process – Referral to adjudication without presenting a grievance to the employer
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 grievor grieved the termination of his employment for unsatisfactory performance and referred it to adjudication. He asked the Board to file an addendum to his grievance. The deputy head objected because it referred to settlement discussions and raised new grounds and arguments that were not presented during the grievance process. The Board ordered the grievor to remove all references to settlement discussions because they are protected from disclosure by settlement privilege. It found that the addendum did not change the nature of the grievance so substantially that it was a different grievance from the one presented before adjudication. It allowed the grievor to refile the addendum in 30 days on the condition that he remove excerpts from other documents, references to exhibits, and references to mediation and settlement discussions. The grievor filed a reference to adjudication for a second grievance against his termination. The deputy head objected because he did not first present this grievance through the internal grievance processes. He argued that the Board may waive the requirement to exhaust the internal grievance process. The Board dismissed the referral to adjudication for lack of jurisdiction since he never presented the grievance to Health Canada. The grievor grieved two disciplinary suspensions. Both grievances were transmitted to the second step of the internal grievance process. His bargaining agent agreed to hold them in abeyance until the termination grievance was resolved. The deputy head objected to their referrals to adjudication because they did not first exhaust the grievance process. The grievor said that that did not void his right to seek adjudication. He argued that they should proceed to adjudication because they involve allegations of human rights violations. The Board found that the FPSLRA requires a grievance to go through the internal process first. The Board has no discretion to bypass the grievance process.

Three references to adjudication dismissed.
Leave granted to file the addendum on the Board’s conditions.

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