Expenses of Adjudication
Marginal note:Aggrieved employee not represented by agent
235. (1) If an aggrieved employee is not represented in the adjudication by a bargaining agent, the costs of the adjudication are to be borne by the Board.
Marginal note:Aggrieved employee represented by agent
(2) If an aggrieved employee is represented in the adjudication by a bargaining agent, the bargaining agent is liable to pay and must remit to the Board any part of the costs of the adjudication that may be determined by the Executive Director of the Board with the approval of the Board.
(3) Any amount that by subsection (2) is payable to the Board by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection.
No Right of Action
Marginal note:Disputes relating to employment
236. (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute.
(2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication.
(3) Subsection (1) does not apply in respect of an employee of a separate agency that has not been designated under subsection 209(3) if the dispute relates to his or her termination of employment for any reason that does not relate to a breach of discipline or misconduct.
237. (1) The Board may make regulations respecting the processes for dealing with grievances, including regulations concerning
(a) the manner and form of presenting a grievance and, in the case of group grievances, the form of the consent of the employees concerned;
(b) the maximum number of levels in each grievance process;
(c) the manner in which employees are to be advised of the names of the persons whose decision on a grievance constitutes a level in the grievance process, including the final level;
(d) the time within which a grievance may be presented at any level in a grievance process;
(e) the circumstances in which any level below the final level in a grievance process may be eliminated;
(f) the manner in which and the time within which a grievance may be referred to adjudication after it has been presented up to and including the final level in the grievance process;
(g) the establishment of rules of procedure for the hearing of a grievance;
(h) the specification of the time within which and the persons to whom notices and other documents must be sent or given under this Part, and when the notices are deemed to have been sent, given or received; and
(i) the manner of giving notice of an issue to the Canadian Human Rights Commission under this Part.
Marginal note:Application of regulations
(2) Regulations made under subsection (1) respecting individual, group or policy grievances do not apply in respect of employees included in a bargaining unit for which a bargaining agent has been certified by the Board to the extent that the regulations are inconsistent with any provisions contained in a collective agreement entered into by the bargaining agent and the employer applicable to those employees.
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