Grievance Case Summary - G-312

The grievance concerns a decision to medically discharge the Grievor. He had joined the Force as a member of the concert band where he remained for 22 years until the band was disbanded. The Grievor was then assigned to policing duties. He began experiencing physical problems while in the band and these problems worsened afterwards. In 1996, he suffered a bad reaction to a vaccine which required him to be off duty for significant lengths of time over the next three years. The medical discharge process was undertaken after the Health Services Officer determined that the Grievor's injuries were permanent in nature and prevented him from performing operational duties. As part of that process, the Health Services Officer provided the Medical Board with a draft report for its consideration. The Medical Board's report mirrored that draft including an error with respect to the date when the Grievor became disabled. The members of the Medical Board were unanimous in finding that the Grievor's condition was "moderate to severe in nature" and prevented him from engaging in physical confrontations when arresting a suspect, or partaking in any heavy lifting, pushing or pulling. The decision to medically discharge the Grievor is based on that report. The principal area of concern raised by the Grievor was that he wanted the Force to acknowledge that his injuries were duty-related and that he should therefore be compensated accordingly. The Level I adjudicator determined that those issues could not be addressed as part of the grievance. The Level II grievance was presented one day beyond the deadline established by the Royal Canadian Mounted Police Act because the Grievor had miscalculated that deadline.

The grievance cannot be addressed on the merits given the Grievor's failure to comply with the Level II filing deadline unless the Commissioner is prepared to extend that deadline. However, there are no extenuating circumstances that could justify granting an extension. In any event, the Grievor has not presented any evidence which calls into question the validity of the finding that his medical condition is such that he can no longer effectively perform the duties of an RCMP member. The fact that the Medical Board relied upon a draft prepared by the Health Services Officer cannot be considered as an indication that the three board members, who included a neurologist, failed to conduct a thorough assessment of the Grievor's medical condition. The claim for recognition of the duty-related nature of the Grievor's injuries cannot be addressed as part of this grievance.

The grievance should be denied.

The Commissioner agreed with the Committee's findings and recommendations that the grievance be denied on the basis of time limits. He further agreed that the Grievor had not presented any evidence showing that the Respondent had erred in his findings and that his medical condition prevented him from effectively performing the duties of an RCMP member.