The Board held that the 40 day deadline to refer a grievance to adjudication starts when the employee receives the final response, not when the union receives it on the employee's behalf. It nevertheless refused to excuse a delay of 15 days because losing representation and reporting stress didn't establish diligence or a compelling reason for missing the deadline.
Case card
Abijuru v. Canada Revenue Agency, 2026 FPSLREB 70
Source reviewed · Court holding
Held. The Board held that the 40 day deadline to refer a grievance to adjudication starts when the employee receives the final response, not when the union receives it on the employee's behalf.
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