Conduct (Discipline) Appeals - C-021

A Code of Conduct investigation was requested by way of a Mandate Letter into four allegations that the Appellant failed to give adequate attention to duties he was required to perform, contrary to section 4.2 of the Code of Conduct. A Conduct Meeting was held. The Respondent ultimately determined that the allegations were established and imposed on the Appellant conduct measures consisting of a forfeiture of four days' annual leave, directions that the Appellant review policy and undergo training and a one-year period of ineligibility for promotion. The Appellant appealed the Decision.

The ERC observed that if an appeal does not relate to the conduct measures identified in paragraphs 45.15(1)(a) to (e) of the RCMP Act, or to any finding that resulted in the imposition of such conduct measures, the ERC will not proceed to examine it nor issue findings and recommendations to the Commissioner other than the finding that the case is not referable to the ERC. This appeal falls outside the scope of paragraphs 45.15(1)(b) to (e) of the RCMP Act, as it does not involve a demotion, direction to resign, recommended dismissal or a dismissal.

The ERC considered whether the imposition of a forfeiture of annual leave for a period of four days made the appeal referable pursuant to paragraph 45.15(1)(a) of the RCMP Act, which refers to "a financial penalty of more than one day of the member's pay". The ERC determined that paragraph 45.15(1)(a) does not include a forfeiture of annual leave. There are multiple conduct measures the imposition of which would have a financial impact on a member but which are not a financial penalty of, or deducted from, a member's pay. Sections 4 to 5 of the Commissioner's Standing Orders (Conduct) set forth the various conduct measures certain conduct authorities may impose. In both sections, a clear distinction is drawn between a financial penalty deducted from a member's pay and other conduct measures that have or may have financial impacts on the member. Such other conduct measures include ineligibility for promotion, deferment of pay increment, reduction to the next lower rate of pay and forfeiture of annual leave. This distinction is instructive. It clarifies that a financial penalty deducted from a member's pay is a conduct measure separate from a forfeiture of annual leave and from those other conduct measures which, in addition to their immediate effect, also have indirect financial consequences to a member. Only an appeal involving a financial penalty of more than one day deducted from a member's pay falls within the ambit of paragraph 45.15(1)(a) of the RCMP Act.

As the conduct measures imposed by the Respondent are not set out in any of paragraphs 45.15(a) to (e) of the RCMP Act, the Chair will not proceed to review this appeal to make a further finding on it or a recommendation.

This conduct appeal is not referable to the ERC. As a result, the Chair will not review the appeal further or make a recommendation.

The Commissioner agreed that the appeal was not referable to the ERC and sent the appeal to the appropriate decision maker.