Grievance Case Summary - G-119

FACTS - Relocation; Residency Exemption. ISSUES - Standing; Criteria for Relocation. Proposed transfer. Grievor requested and obtained residency exemption. Proceeded with transfer on "no cost" basis; maintained residence at old post. Shortly afterwards, informed the Force that he was "researching the prospect" of relocating to new post. Force responded that, due to residency exemption, he could not be considered for relocation reimbursement. Grievor grieved. Alleged that he was not informed of this restriction and that restriction not set out in policy.

On August 15, 1994, the ERC issued its findings and recommendations. Grievor had not yet requested to be relocated, nor had he set out the particular duty or personal circumstances that would be at the basis of such a request. Rather, the grievor had merely indicated that he was "researching the prospect" of relocating. The particular duty or personal circumstances would be vital to the consideration of the grievance. Grievance cannot be considered in the abstract. Until grievor requests to be relocated, and this is denied, grievor not aggrieved. Additional comments: in general, a residency exemption would not necessarily preclude a paid relocation, but payment would depend on an exercise of the Force's discretion based on the particular facts of each case.

On December 2, 1994, the Commissioner rendered his decision. Commissioner found that grievor was not aggrieved, because he had not requested to be relocated in specific terms and for specific reasons. No evidence that a specific request for relocation entitlements based on particular factual circumstances was made to the Force and refused. Grievance denied. Commissioner added that grievor was not well served by grievance process; far too much time elapsed through the various phases of grievance, and for that, Commissioner apologized and committed to better response times in future.