Marc Munro

The applicant filed a Request for an Order During Proceedings seeking to reactivate her human rights application, which had been deferred pending a related grievance arbitration.

Although the original grievance was settled, the intervenor union had filed another grievance on the applicant's behalf regarding an unpaid suspension.

The Tribunal found that the issues in the two proceedings continued to overlap significantly and the arbitration was already well advanced.

The request to reactivate the application was denied and the deferral was continued.

The employer alleged that the grievor breached a Memorandum of Settlement resolving his dismissal grievance by launching a civil action against two civil servants.

The employer requested that the Public Service Grievance Board exercise its retained jurisdiction to hear the breach claim.

The grievor argued the Board should decline jurisdiction in deference to the concurrent jurisdiction of the courts over the civil action.

The Vice-Chair held that the Board had jurisdiction pursuant to the settlement agreement and declined to defer to the court, noting the employer was not yet a party to the civil action and the remedy for the alleged breach was not before the court.