Ombudsman publishes Getting Redress Right: An investigation into the inequities CAF members face when they have limited or no grievance rights
Ombudsman’s message | 18 June 2024
I am pleased to announce the release of our latest report titled Getting Redress Right: An investigation into the inequities Canadian Armed Forces (CAF) members face when they have limited or no grievance rights. This is the second of two reports following a systemic review of CAF military complaint mechanisms. This is my final report before my mandate ends on 2 July.
We conducted this investigation with a focus on the CAF’s limited authority to resolve military members’ grievances related to compensation and benefits since these directives and instructions are under Treasury Board authority.
The investigation found that the military grievance process is ineffective in resolving compensation and benefits issues. The CAF lacks the authority to provide redress in many cases and they are not able to effectively track and analyse trends. Tracking this data would provide better quality evidence when recommending policy changes to the Treasury Board. We also found the roles, responsibilities, and authorities of CAF representatives participating at National Joint Council committees and those of CAF grievance authorities are unclear.
The most significant inequity we found is that, unlike their civilian colleagues, CAF members cannot access a grievance process to determine if the CAF treated them within the intent or “spirit” of the directive. The result is a disparity in benefits and longer resolution time when compared to civilians. This has a negative effect on morale and trust in the CAF as an institution.
Following our investigation, I am making seven evidence-based recommendations: six to the CAF and one to the Minister.
In brief, I recommend that the CAF should better inform members of the limits of the military grievance process, including recourse options for non-grievable matters. A formal method to identify and address issues related to compensation and benefits policies should be developed. Furthermore, the CAF needs to make military grievance information easy to access on all platforms (intranet, internet, and the CAF App). Additionally, the CAF needs transparency and a communications plan to inform its members about Treasury Board and National Joint Council policies and decisions that impact them.
An opportunity exists for the CAF to act as they make changes following the Justices' Independent Reviews of the National Defence Act and the current undertaking of the Chief of Professional Conduct and Culture on the CAF Grievance Transformation. The CAF should consult the Treasury Board and National Joint Council to gain a better understanding of their respective roles, responsibilities, and authorities.
Our recommendations complement ongoing initiatives within the CAF and could help rectify the inequity CAF members face. The Minister of National Defence must engage the appropriate authorities for the CAF to have the flexibility to make decisions that meet the intent of the Treasury Board approved policies – like the rights provided to civilian employees.
By implementing our recommendations, the CAF can address concerns with the military grievance process, increase the welfare of members, and put in place a more efficient process to ensure fair treatment of CAF members and contribute to restoring trust in the CAF.
Gregory A. Lick
Ombudsman