The grievor sought to buy back pension contributions for a period of absence from 1991 to 1992.
The employer objected that the grievance, filed in December 1999, was untimely under the collective agreement.
The collective agreement required a grievance to be filed within 10 days of the employee first becoming aware of the circumstances giving rise to the complaint.
The Grievance Settlement Board applied a subjective test, finding that the time limit only began to run when the grievor became aware she had a right to grieve under the collective agreement, which occurred in early December 1999.
The grievance was therefore found to be timely.
