Case information

Employment law — Labour relations — Employer terminating applicant’s employment while applicant on probation — Union ending representation of applicant for grievance — Applicant’s complaints against union dismissed by federal labour relations board — Motion for extension of time to file application for judicial review before appeal court dismissed — Whether Federal Court of Appeal erred by failing to consider that appointment of decision-maker to position of board member was decided by one of parties opposing applicant — Whether Federal Court of Appeal erred by failing to follow case law of Supreme Court of Canada — Whether Federal Court of Appeal erred by failing to assess impartiality of board in light of 1960 Canadian Bill of Rights — Whether Federal Court of Appeal erred by underestimating implications of fact that all lawyers who have some experience with board would be in conflict of interest and could not represent applicant — Whether Federal Court of Appeal erred by incorrectly applying criteria for granting extension of time — Federal Public Sector Labour Relations Act, S.C. 2003, c. 22, s. 187 — Federal Public Sector Labour Relations and Employment Board Act, S.C. 2013, c. 40, s. 6 — Canadian Bill of Rights, S.C. 1960, c. 44, s. 2.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant was employed in the federal public service. In April 2020, when she was still on probation, the employer terminated her employment. The applicant filed a grievance, for which she was represented by the respondent as bargaining agent. When the respondent decided to end its representation for the grievance, the applicant filed two complaints (one against the respondent; the other against a union steward) with the Federal Public Sector Labour Relations and Employment Board. A Board member decided the matter in favour of the respondent and dismissed the complaints. After learning about the system for appointing members to the Board, and after the deadline for filing an application for judicial review had passed, the applicant filed a motion with the Federal Court of Appeal for an extension of time to be able to contest the Board member’s decision. A judge of the Federal Court of Appeal dismissed the motion for an extension of time.