2019 Annual Report: Thorough Analysis | Independent Review

Table of contents

• Message from the Chair and Chief Executive Officer
• 2019 at a glance
  • Our program: Independent review of military grievances
  • Spotlight
  • Systemic issues noted in 2019
  • Corporate Achievements
• Looking forward
• About the Committee
  • Mandate
  • Structure
  • Grievance Process
  • Committee Members
  • Contact Us

 

Message from the Chair and Chief Executive Officer

The Military Grievances External Review Committee (the Committee) is in its second year of a three-year journey of renewal and structural improvement. It started in 2018 with significant staff change and organizational review, followed by an equally transformative and challenging 2019. Nevertheless, we are on track and the results affirm we are moving in the right direction.

The Committee received over 300 grievance referrals in 2019, which is far more than we typically receive. Combined with files carried over from 2018, this generated a significant backlog of files. Unlike 2015, when the Committee was aware that there would be an increase of grievance referrals, the number of files received in 2019 could not be predicted. Even so, the Committee rose to the challenge and successfully issued 174 findings and recommendations (F&R) reports, making it the third most productive year-to-date in the Committee's history.

We spent the better part of 2019 assessing our structures and processes. We refined our governance structure and operational framework, and put in place new processes in order to provide enhanced services to both our staff and external stakeholders. Altogether, these new approaches strengthen our ability to deal with the backlog of files and are charting the course to reducing the time it takes to review grievances referred to us.

The Committee is not only in the position of conducting thorough analysis and independent review of military grievance files referred to it, but also of bringing systemic issues to the attention of the Chief of the Defence Staff (CDS). If the Committee can be a part of effecting positive change, it will do it. If the Committee can put the spotlight on resolutions that address the gaps in policy and strengthen the CDS authority to address these types of grievances, it will do it.

Our vision to establish a modern and agile administrative tribunal by 2022 remains firm. Our priorities are centered on the three pillars — our people, our tools, our methods — which will allow the Committee to flourish in its mandate: to provide high quality, thorough, unbiased F&Rs to the CDS and to the Canadian Armed Forces (CAF) members who submitted a grievance.

I applaud the dedication and resilience of our Committee Members and employees. During a sustained period of change, our staff consistently met the challenges, united by their enthusiasm and belief in the Committee's mandate. The quality of their work is a testament to this.

I am proud to present the Committee's 2019 annual report. It is a chapter in the Committee's story as it works to set the foundation of our future as a model administrative tribunal.

Christine Guérette, CPA, CGA
Chairperson and Chief Executive Officer

Testimonials

2019 at a glance

Our program: Independent review of military grievances

This section includes the number of grievances referred to the Committee by the CDS, the number of F&R reports we issued, and the average review time it took the Committee to complete the analysis of a grievance in 2019.

How many grievances did the Committee receive?

Text Description

Grievances received from 2015-2019

	2019	2018	2017	2016	2015
Grievances received	308	151	169	230	327

The Committee received an unusually high number of grievance referrals in 2019, doubling the intake we predicted in our 2018 annual report. At first glance, this past year appears to be an anomaly, given the Committee's 10-year average is 193 referrals per year. However, it may be a sign that an increase in number of referrals will continue in 2020 and beyond.

What type of grievance referral does the Committee receive?

The Queen's Regulations and Orders for the Canadian Forces (QR&O) set out the types of grievance referrals that must be submitted to the Committee once they reach the Final Authority (FA) level.^{Endnote i} The Committee refers to these grievances as mandatory referrals.^{Endnote ii}

The QR&O also empowers the CDS to refer other grievances to the Committee when they wish to leverage the benefits of having a grievance reviewed externally. The Committee refers to these grievances as discretionary referrals.

Text Description

Referrals by Type

	2019	2018	2017	2016	2015
Mandatory referrals	173	76	69	127	205
Discretionary referrals	135	75	100	103	122
Total grievances referred by the CDS	308	151	169	230	327

The significant number of discretionary referrals is a testament to the benefit the Committee's F&R reports bring to the grievance process.

How many F&R reports has the Committee completed?

Text Description

F&R Issued

	2019	2018	2017	2016	2015
F&Rs issued	174	96	140	250	328

The year 2019 proved to be especially productive as the Committee surpassed expectations by issuing more F&R reports than the previous two years. In fact, it is the third highest in the history of the Committee.

How long did it take the Committee to review a grievance completed in the year indicated?

NOTE: In previous annual reports, the statistics in this table represented the average amount of time it took to close all files that were both received and closed in that year. The statistics now show the average amount of time it took to close all files in the given year, regardless of the year referred.

Text Description

Number of months

	2019	2018	2017	2016	2015
Number of months	12.1	7.0	5.97	4.5	3.7
NOTE: In previous annual reports, the statistics in this table represented the average amount of time it took to close all files that were both received and closed in that year. The statistics now show the average amount of time it took to close all files in the given year, regardless of the year referred.

In early 2018, the Committee faced a significant shortage of Committee Members, followed by a training period for the newly appointed Members. The Committee also experienced staff turnover in critical areas throughout 2018 and 2019, affecting the speed at which it could process grievance referrals.

We are optimistic that, as we restore optimal staffing levels and put into place a dedicated team to assist in completing additional F&R reports, the time required to complete grievance referrals will decrease. Additionally, Committee Members, now fully trained and experienced, are functioning at full capacity. This is a robust scenario, well-prepared to deal with the coming year in which the Committee is expecting higher than average referrals.

Infographic

Text Description

308 grievances received during the year

174 Findings and Recommendations reports published during the year

150 Parliamentary enquiries received and completed during the year

Workforce for 2019: 43 full-time employess

Expenditures: $6,170,670

• $4,390,236 for salaries, wages & other operating costs
• $606,856 for contributions to employee benefit plans
• $1,173,578 for other operating expenses

Spotlight

Unintended consequence. Unforeseen situation. Unnoticed flaw or gap. It is of no surprise that the array of policies regulating the administration of the CAF members do not account for every possible circumstance. After all, the CAF is an organization of over 100,000 members, where each individual member experiences unique life and career situations. It nonetheless remains unfortunate that the occasional result is unfairness and undue hardship to CAF members and their families.

Over the past year, the Committee came across myriad situations where flaws or gaps in the existing policies were glaring. While the 'Systemic issues noted in 2019' section in this report provides an overview of problems of this type, one situation in particular typifies these flaws or gaps.

Meal Allowance Policy and Latvia

When the CAF commenced a mission in Latvia on short notice, the original intent was to post members there for a normal three-year tour of duty. However, as there was not yet a Status of forces Agreement in place with Latvia, this was not possible. The CAF then decided to send members to Latvia on a one-year prohibited posting; but there were some unintended consequences to single members because of this decision.

Under normal circumstances, single members on prohibited posting would be entitled to store their Household, Goods and Effects and then rent accommodation on the economy at destination where they would be able to purchase groceries and prepare their own meals. As such, the existing regulations do not allow for the provision of meal allowances to single members on prohibited postings.

However, in the Latvia deployment, due to the lack of a formal agreement between the two countries, CAF members were not permitted to rent accommodations on the local economy. Instead, the CAF rapidly secured hotel rooms with no kitchen facilities, which required member to purchase meals at their own expense, at local restaurants, resulting in significantly higher costs to the affected members.

The Committee found that this was inherently unfair to single members as the intent of the policies related to postings outside Canada is to ensure, as much as is possible, that members serving outside of Canada are neither better nor worse off than their counterparts serving within Canada. In this case, the members were significantly worse off due to the conditions of the posting, which were completely beyond their control.

This case demonstrates the need for Treasury Board regulations to include a degree of flexibility, thus enabling the CDS to address the unique situations that arise, at any time, given the nature of the CAF mandate.

In simply accepting these situations as unavoidable side effects, a message of futility is sent to CAF members. It is inefficient and unfair to require a member to submit a grievance, only for the FA, albeit sympathetic, to explain there is no authority or policy that can provide relief.

The Committee is cognizant there is no simple solution, however, one cannot avoid pondering such questions as: does the CDS need more flexible authority, is the 'ex-gratia' authority actually effective, should policies be amended, should legislation be amended? In the coming year, the National Defence Act is scheduled for review and the Committee believes these questions should be considered during that review.

Systemic issues noted in 2019

Class "C" Reservists' Pay: entitlement to pay on the 31^st day of a month

The Committee has observed a long-standing issue concerning the pay of reservists on short term Class "C". They do not receive pay for reserve service performed on the 31st day of any given month due to an interpretation of the relevant Treasury Board (TB) approved pay regulation (QR&O 203.06).

Canadian Forces Superannuation Act — review of the Terms of Service offered to re-enrollees

The Canadian Forces Superannuation Act was amended March 1^st, 2007, resulting in pension entitlements being de-linked from Terms of Service (ToS). The TB approved transitional rules to protect pension entitlements for members who were serving on certain ToS at the time the amended legislation came into force.

However, the ToS that were offered to re-enrollees prior to May 2005 (the date a new CAF ToS structure was implemented) resulted in an unjust scenario for these CAF members. They were not entitled to the pension benefits (an immediate unreduced annuity) that they expected at the completion of their ToS. The Committee also found that the affected CAF members had to submit grievances to the FA level to obtain resolution.

Updating of the Education Reimbursement Policies

In the review of a grievance concerning Educational Reimbursement (ER), the Committee found that significant changes made to the management of the ER program were not reflected in Canadian Forces Military Personnel Instruction (CF Mil Pers Instr) 17/04, Educational Reimbursement. As a result, the policy was not applied to reflect the change and issues relating to the maximum allowable reimbursement for given programs have arisen.

Delayed Army Communications and Information Systems Specialist Pay Review

In 2011, three separate occupations were amalgamated to form the Army Communications and Information Systems Specialist (ACISS) occupation. A pay review was to be conducted in order to determine whether the new occupation should receive specialist pay, as one of the three was classified as a specialist occupation.

In 2016, the pay review had still not been conducted and this resulted in confusion over the status of the new occupation. Some members were receiving specialist pay and others were not.

In 2019, the pay review had still not been undertaken. Although the Committee had attempted to bring clarity to the situation, it became evident the matter had not been resolved due to continued grievances related to this issue.

The delay in completing the ACISS pay review is having a marked impact on the morale of affected ACISS members and the branch as a whole, and is generating grievances.

Corporate Achievements

Governance

A review of the Committee's governance structure resulted in an improved model, including an Executive Committee supported by a new Management Committee (comprised of all managers with financial or human resources responsibilities). This new structure ensures that the Executive Committee receives advice and recommendations from managers on key strategic issues but also ensures the transparent flow of information at all levels within the Committee.

Innovation and continuous improvement

The adoption of change management and a continuous improvement philosophy generated a renewed commitment, amongst employee and management, to the systematic and continuous review of the organization's processes to ensure sustainable, optimal performance. Coupled with the implementation of a new telework directive, this supports the vision of an efficient, modern administrative tribunal.

Better information management

We adopted a rigorous information management strategy, including a significant file plan re-structuring. The result was a more efficient use of information resources, an improved information retrieval system and a robust protection of information resources used by the Committee.

Greener and leaner operational processes

As part of the Committee's commitment to creating a lean and green workplace, we implemented an updated version of our case management system that will generate a more efficient grievance review process. Several key business processes, such as our F&R report templates, and all operational template letters, are now digital and, as an added benefit, we streamlined the approval process. These initiatives not only support a mobile workforce, but also align with the organization's priority to become modern, digital-based and more environmentally conscious.

Workplace and mental health

Following the analysis of our latest Public Service Employee Survey results, the Committee is pleased to see that, as in previous years, the overwhelming majority of employees are proud of their work and enjoy working at the Committee. Throughout the year, we continued to promote a healthy work environment and further advanced our Mental Health Action Plan. We organized well-being activities and promoted physical activity during our monthly all-staff meetings. Employees know they have access to specialized conflict management resources and a safe, reliable and confidential space to help them through difficult situations.

Corporate Awards and Events

Recognition is key to employee satisfaction and organizational productivity. In 2019, the Committee celebrated several employees.

Pauline Heyendal — recipient of the Bravo Award

Pauline received a Bravo Award in recognition of her excellent work in coordinating responses to the many Parliamentary questions received at the Committee in December 2019 within a short timeframe. It was her initiative and attention to detail that enabled the organization to respond within prescribed timelines.

Looking forward

If the past is an indicator of the future, the Committee will continue to provide F&R reports that are valuable to the CDS and the grievor, helping the CAF decision process, regardless of agreement on the Committee's findings.

However, there is always room for growth and positive change. The Committee's goal is to function as a model center of excellence in the independent review of military grievances. We have a roadmap to get there and acknowledge that renewal and improvement require stamina and perseverance.

The Committee's focus is on its people, its infrastructure and its processes. In the short term, we will work to bring our operations team to full capability, optimize our military grievances review business processes, realign the Operations and Legal Service teams, establish an innovative communications program and stabilize the synergy between its workload and its people. Our long-term vision is to establish a mature and model organization. Above all, this includes working to reduce the time it takes to review grievances and providing staff with modern, agile and innovative tools and processes.

While the Committee cannot predict the number of grievance files that will be referred year after year, it is comprised of a dedicated team, focused on strengthening what is already a solid organizational foundation, and it will continue to serve.

The Committee celebrates its 20^th anniversary in 2020. We are proud of our history; have our foot in the past and our eye to the future.

About the Committee

Mandate

The Committee is an independent administrative tribunal reporting to Parliament through the Minister of National Defence. It reviews all military grievances referred to it by the CDS, as stipulated in the National Defence Act (NDA) and article 7.21 of the QR&O.

Section 29 of the NDA provides a statutory right for an officer or a non-commissioned member to grieve a decision, an act, or an omission in the administration of the affairs of the CAF. The importance of this broad right cannot be overestimated since it is, with certain narrow exceptions, the only formal complaint process available to CAF members.

Since beginning operations in 2000, the Committee has acted as the external and independent component of the CAF grievance process. It also has the statutory obligation to deal with all matters as informally and expeditiously as the circumstances permit.

Following its review of referred military grievances, the Committee provides its F&R reports to the CDS and the grievor. The CDS is the final decision-maker, and is not bound by the Committee's F&Rs. In any case where the Committee's F&Rs are not accepted, the CDS must provide the reasoning in writing.

Types^{Endnote iii} of grievances referred to the Committee

1. Mandatory referrals are grievances relation to one or more of the following matters:

• administrative action resulting in the forfeiture of or deductions from pay and allowances, reversion to a lower rank or release from the Canadian Forces;
• the application or interpretation of Canadian Forces policies relating to the expression of personal opinions, political activities, candidature for office, civil employment, conflict of interest and post-employment compliance measures, harassment or racist conduct;
• pay, allowances and other financial benefits;
• the entitlement to medical care or dental treatment; and
• any decision, act or omission of the CDS in respect of a particular officer or non-commissioned member.

2. Discretionary referrals: The CDS has the discretion to refer any other grievance to the Committee.

Structure

The Committee consists of Committee Members appointed by the Governor in Council^{Endnote iv} (GIC), who are responsible for reviewing grievances and issuing F&R reports.

Under the NDA, the GIC must appoint a full-time Chairperson and at least two Vice-Chairpersons. In addition, the GIC can appoint any other Members that the Committee may require to carry out its functions. Appointments are for up to four years and can be renewed.

Committee Members

The Committee Members work with the support of a registrar, legal advisors, and grievance review officers who provide analysis and advice on a wide range of issues. The responsibilities of the Committee's internal services include administrative services, strategic planning, security, performance evaluation and reporting, human resources, finance, information management, information technology and communications.

Management Team

Grievance Process

Canadian Armed Forces grievance process

The CAF grievance process consists of two levels and begins with the grievor's commanding officer (CO).

Text Version

Level I: Review by the Initial Authority (IA)

Step 1: The grievor submits a grievance in writing to their CO.

Step 2: The CO acts as the IA if they can grant the redress sought. Otherwise, the Canadian Forces Grievance Authority assigns an appropriate IA. Should the grievance relate to a personal action or decision of an officer who would otherwise be the IA, the grievance is forwarded directly to the next superior officer who is able to act as IA.

Step 3: The IA renders a decision and, if the grievor is satisfied, the grievance process ends.

Level II: Review by the Final Authority (FA)

A grievor, who is dissatisfied with the IA's decision, is entitled to have their grievance reviewed by the FA, which is the CDS, or their delegate.

Step 1: The grievor submits their grievance to the CDS for FA level consideration and determination.

Step 2: Depending on the subject matter of the grievance, the CDS may be obligated to, or may at their discretion, refer it to the Committee. If the grievance is referred for consideration, the Committee conducts a review and provides its F&R report to the CDS and the grievor. Ultimately, the FA makes the final decision on the grievance.

Committee grievance process

The Committee's internal review process consists of three steps: grievance reception, review and the drafting of F&R reports.

Text Version

1. Grievance reception

Upon receipt of a grievance, the grievor is contacted and invited to submit additional comments or other documents relevant to their case.

2. Review

The assigned Committee Member holds a case conference where the grievance is reviewed, and the issues are identified and dealt with. The Committee Member works with a team leader, a grievance officer and legal counsel. If necessary, additional documentation is obtained and added to the file, and subsequently disclosed to the grievor. Although rare, it is possible a hearing may be held.

3. Findings and Recommendations

The Committee Member issues a F&R report, which is then sent simultaneously to both the CDS and the grievor. At this point, the Committee no longer has jurisdiction over the grievance. The grievor receives a decision directly from the FA.

Committee Members

Contact Us

Military Grievances External Review Committee

60 Queen Street, 10^th floor
Ottawa, Ontario K1P 5Y7

Tel: 613-996-8529
Fax: 613-996-6491
Toll free: 1-877-276-4193
TTD: 1-877-986-1666

Email: mgerc.information.ceegm@mgerc-ceegm.gc.ca
Website: www.mgerc-ceegm.gc.ca