Termination Case Rejected Due to Lack of Grievance

Date: 202 60304 File : 566-02-44869 Citation: 2026 FPSLREB 20 Federal Public Sector Labour Relations and Employment Board Act and Federal Public Sector Labour Relations Act Before a panel of the Federal Public Sector Labour Relations and Employment Board [NAME] ( Department of Employment and Social Development) Respondent Indexed as [NAME] v. Deputy Head (Department of Employment and Social Development) In the matter of a reference to adjudication Before: [NAME], a panel of the Federal Public Sector Labour Relations and Employment Board For [NAME]: Herself For the Respondent: [redacted] ADVANCE \y 657 Decided on the basis of written submissions, filed May 5 and 20 and December 15, 2025, and February 2, 2026 .

REASONS FOR

DECISION I. Summary [ 1 ] [NAME] (“[NAME]”) had her employment with [NAME] ( “the employer” ) terminated. She went to great efforts to have her bargaining agent investigate her concerns and specifically file a grievance to challenge her termination. [ 2 ] Despite a long and detailed list of phone calls, emails, and meetings that she sought with many different representatives of her bargaining agent, none ever filed a grievance on her behalf. [ 3 ] Nor did she avail herself of the ability to file a grievance herself. [ 4 ] A year after her termination, she filed this reference to adjudication, still with no grievance having ever been filed. [ 5 ] Sadly for her, the law is clear that her challenge to being terminated requires a grievance to be filed and for that grievance to be heard at the final level by her former employer before it can be accepted as a referral to the Federal Public Sector Labour Relations and Employment Board (“the Board”). [ 6 ] Therefore, the Board is without jurisdiction to hear this matter, and the file is ordered closed.

II. The employer’s objection [ 7 ] On June 1, 2021, [NAME] was terminated while on probation. On May 31, 2022, one year later, she attempted to refer this matter to adjudication, without first presenting a grievance to the employer. [ 8 ] The employer filed an objection to this attempted referral on the ground that the Board does not have jurisdiction due to a grievance never having been filed against [NAME]’s termination of employment. [ 9 ] It also submitted that any grievance filed now would be outside the 25-day time limit specified in clause 18.15 of the relevant collective agreement. [ 10 ] A recent Board decision succinctly captures how Parliament has stated that a grievance must be presented to the employer in cases such as this (from [NAME] v.  Deputy Head (Department of Health) , 2025 FPSLREB 122): [ 5 ] Grievances about any matter are not presented to the Federal Public Sector Labour Relations and Employment Board (“the Board”) immediately. They are presented to the employer. Only after the employer has had an opportunity to decide a grievance at each level of the grievance process can it be referred to adjudication with the Board. This is evident from ss. 209(1), 225, and 241 of the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2; FPSLRA), which read as follows: Reference to adjudication Renvoi d’un grief à l’arbitrage 209 (1) An employee who is not a member as defined in subsection 2(1) of the Royal Canadian Mounted Police Act may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to …. 209 (1) Après l’avoir porté jusqu’au dernier palier de la procédure applicable sans avoir obtenu satisfaction, le fonctionnaire qui n’est pas un membre , au sens du paragraphe 2(1) de la Loi sur la Gendarmerie royale du Canada , peut renvoyer à l’arbitrage tout grief individuel portant sur […] … […] Compliance with procedures Observation de la procédure 225 No grievance may be referred to adjudication until the grievance has been presented at all required levels in accordance with the applicable grievance process. 225 Le renvoi d’un grief à l’arbitrage ne peut avoir lieu qu’après la présentation du grief à tous les paliers requis conformément à la procédure applicable. … […] Defect in form or irregularity Vice de forme ou de procédure 241 (1) No proceeding under this Act is invalid by reason only of a defect in form or a technical irregularity. 241 (1) Les procédures prévues par la présente partie ne sont pas susceptibles d’invalidation pour vice de forme ou de procédure. Grievance process Procédure de grief (2) The failure to present a grievance at all required levels in accordance with the applicable grievance process is not a defect in form or a technical irregularity for the purposes of subsection (1). (2) Pour l’application du paragraphe (1), l’omission de présenter le grief à tous les paliers requis conformément à la procédure applicable ne constitue pas un vice de forme ou de procédure. [ 11 ] The employer argued that there is no grievance related to the matter at issue in this decision, as [NAME] has never filed a grievance with it. This matter cannot be referred to adjudication without first being presented as a grievance using the employer’s internal grievance system (see [NAME] , at para. 55). [ 12 ] It also noted that the Board has ruled similarly that “[w]ithout a grievance having been presented, the Board has nothing to deal with as it has no jurisdiction if no grievance was filed” (see [NAME] v. [NAME] (Veterans Affairs Canada) , 2024 FPSLREB 41 at para. 64). III. [NAME]’s reply [ 13 ] [NAME] stated that no grievance was presented to the employer because her bargaining agent never responded to her many attempts to file a grievance. And the Board has jurisdiction over rejections on probation when foul play occurs in the process. She alleges that this was so in her termination.

IV. Conclusion [ 14 ] The statute and related Board jurisprudence as have been noted are clear. The Board is unable to hear a matter such as this, in which no grievance has ever been filed. [ 15 ] For this reason, the referral to adjudication is denied for lack of jurisdiction, and the file is ordered closed. [ 16 ] For all of the above reasons, the Board makes the following order: (The Order appears on the next page)

V. Order [ 17 ] The referral to adjudication is declined. March 4, 2026. [NAME], a panel of the Federal Public Sector Labour Relations and Employment Board