The complainant, a sergeant at a detention centre, filed a complaint alleging discrimination based on family status, race, and other grounds after her requests for childcare accommodation and remote work were denied.
The employer raised a preliminary objection that the complaint was filed out of time under the Public Service of Ontario Act and its Regulations.
The complainant argued that the statutory time limits should not apply because her claim involved Charter rights, relying on the Prete decision.
The Public Service Grievance Board sustained the employer's preliminary objection, finding that the complaint was filed months after the mandatory 14-day time limit and that the Board lacked jurisdiction to waive the time limits, even for Charter claims.