The complainant filed a complaint alleging the respondent union breached its duty of fair representation under sections 68 and 70 of the Labour Relations Act by failing to process her wrongful dismissal grievance.
The respondent moved to dismiss the complaint due to extreme delay, as it was filed 19 months after the complainant's termination.
The Board found that the delay was extreme and without mitigating circumstances, causing prejudice to the respondent's ability to present a defense.
The Board exercised its discretion to refuse to entertain the complaint and dismissed it.
