FPSLREB Decisions

Decision Information

Sajatovic v. Public Service Alliance of Canada

Collection FPSLREB Decisions
Decision Rendered 2025-09-24
Citation 2025 FPSLREB 121
Before Christopher Rootham
Decision Type Labour Relations
Subject Terms Complaint
Duty of fair representation
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 – Arguable case
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 alleged that the respondent failed to properly investigate and help her challenge the circumstances around a one-month period of employment in April 2002. She said that she became aware of the circumstances in February 2025. She asked the respondent for its help months after she made this complaint. The respondent declined to help her and explained its decision in a July 2025 letter. The respondent asked the Board to dismiss the complaint because it did not raise an arguable case of breaching the duty of fair representation. The Board dismissed the complaint for not disclosing an arguable case. The respondent did not owe a duty of fair representation to a complainant who did not ask for its help. While the respondent’s refusal was technically outside the complaint’s scope, the Board noted that the complainant included its response in her submissions when she argued that it had a duty to investigate her issues. The Board found that the respondent’s decision not to proceed was reasoned and not arbitrary.

Complaint dismissed.

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