Does the fact that a grievance has been resolved or withdrawn lead to a conclusion that the resolution appropriately dealt with the substance of the complaint?

British Columbia, Canada


The following excerpt is from Dunlop v. Overwaitea, 2007 BCHRT 254 (CanLII):

However, the fact that a grievance was resolved or withdrawn does not necessarily lead to the conclusion that the resolution appropriately dealt with the substance of the complaint: see, for example, Parks v. Kemess Mines Ltd. (No. 2), 2006 BCHRT 264. The question which I must answer is whether the resolution of the grievance actually did appropriately deal with the substance of the complaint. For the reasons which follow I find that the resolution in this case did not do so.

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