Can a grievor add “constructive dismissal, demotion and work force adjustment” to section 15 of the referral form?
Canada (Federal), Canada
The following excerpt is from Rhéaume v. Canada Revenue Agency, 2008 PSLRB 79 (CanLII):
13 In the second reference to adjudication, dated March 16, 2004, the grievor added “[translation] constructive dismissal, demotion and work force adjustment” to section 15 of the referral form. None of those topics are discussed in the grievance. Therefore, none of those topics can be raised during adjudication. By raising them, the grievor has in fact submitted a new grievance or significantly altered the grievance already filed. In accordance with the principles set out in Burchill v. Attorney General of Canada, [1981] 1 F.C. 109 (C.A.),the adjudicator must deal with the grievance as originally filed and cannot consider a grievance the essence of which has been changed.
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