What is the test for granting an extension of time for an employee to complete an application for an extension to his time to complete his application?
Canada (Federal), Canada
The following excerpt is from Tuplin v. Canada Revenue Agency, 2021 FPSLREB 29 (CanLII):
Both parties relied on the summary of the criteria for granting an extension of time set out as follows in Schenkman v. Treasury Board (Public Works and Government Services Canada), 2004 PSSRB 1: 1) clear, cogent, and compelling reasons for the delay; 2) the length of the delay; 3) the due diligence of the grievor; 4) balancing the injustice to the employee against the prejudice to the employer in granting an extension; and 5) the chance of success of the grievance.
Time limits are meant to be respected by the parties and should be extended only in exceptional circumstances. Those circumstances always depend on the facts of each case. See, for example, Salain v. Canada Revenue Agency, 2010 PSLRB 117.
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