| Summary |
RAISING PERSONAL GRIEVANCE – Application to raise personal grievance out of time – Applicant dismissed for serious misconduct – During disciplinary investigation, applicant aided by union official – After dismissal applicant instructed counsel who exchanged information with respondent regarding dismissal but did not raise grievance – One month after dismissal applicant imprisoned for unrelated offences – Shortly after 90 day period expired, dismissal grievance raised with respondent – Authority found clear breakdown in communication between applicant and counsel around time of incarceration – Found incarceration did not constitute exceptional circumstances – Found applicant had opportunity to raise grievance before incarceration, because had assistance of union official then legal counsel, and one month passed between dismissal and incarceration – Found even when imprisoned, applicant not precluded from meeting with counsel regarding grievance – Authority noted conclusion not based on further eight month delay due to illness of counsel between notification of grievance and filing in Authority – Application for leave to raise grievance out of time declined – Costs to lie where they fall |