Don Carter

The complainant argued that the employer should pay employees who attend Public Service Grievance Board hearings on behalf of a complainant, either as representatives, advisors, or witnesses not under subpoena, in the same manner as employees acting for the employer.

The Board found that the complainant was entitled to choose an option under section 44 of the Compensation Directive because he had received a summons.

However, the Board rejected the broader argument, holding that parties are primarily responsible for their own costs and there is no obligation on the employer to remunerate employees participating on behalf of a complainant beyond what is expressly provided in the Directive.