What is the effect of Burchill reasoning in determining that a grievance has been processed at all levels of the grievance process?
Canada (Federal), Canada
The following excerpt is from Professional Institute of the Public Service of Canada v. Treasury Board, 2019 FPSLREB 112 (CanLII):
According to Burchill, once a grievance has been processed at the different levels of the grievance process, it cannot be changed once it is referred to adjudication. As mentioned as follows at paragraph 27 of Public Service Alliance of Canada v. Treasury Board (Canada Border Services Agency), 2016 PSLREB 19: “Burchill reasoning is applied to prevent one party from raising a new issue at [adjudication] … that might take the other party by surprise. It is, essentially, a matter of procedural fairness.”
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