Duty of fair representation complaint dismissed as applicant failed to prove incapacity to enter settlement.
The applicant filed a duty of fair representation complaint against the trade union, alleging it failed to properly pursue her grievances regarding short-term disability benefits.
During a mediation, the applicant signed a settlement agreement resigning from her employment in exchange for seven months' severance pay.
The applicant subsequently sought to set aside the settlement, arguing she lacked the mental capacity to enter into it due to post-traumatic stress disorder.
The Board found that the applicant understood the nature of the mediation and the settlement options, and that her conduct did not indicate an incapacity to contract.
As the settlement resolved all employment issues and the applicant had accepted its benefits, the Board exercised its discretion under section 96 of the Labour Relations Act to decline to inquire into the complaint and dismissed the application.
Cheryl MacDonald v. Canadian Union of Public Employees Local 167, 2000 CanLII 13092
