Dr. Amarendra Singhe

The union sought an extension of time limits under s. 48(16) of the Labour Relations Act to file a grievance alleging the employer's conduct contributed to the grievor's alcoholism and depression.

The grievance was filed over two years late.

The union argued the grievor lacked the mental capacity to file earlier due to his illness.

The arbitrator rejected the medical opinion supporting incapacity, finding it inconsistent with the grievor's actions during the delay period, such as filing other grievances and writing a detailed letter to his insurer.

Finding no reasonable explanation for the extreme delay, the arbitrator declined to extend the time limits and dismissed the grievance as inarbitrable.