Grievance Case Summary - G-380

The Grievor was hired as a Civilian Member in June 2003 with a classification of Computer Personnel, Level 2 (CP-02). In July 2004, the Grievor became aware that her male co-worker, also a CP-02, was receiving a higher salary. According to the Grievor, in terms of work experience, education and training and work performance, her qualifications were as good or they exceeded that of the male co-worker. In addition, she stated that they were performing the same job and she had more seniority with the Force.

The Grievor filed a grievance, stating that the salary differential amounted to discrimination under the Canadian Human Rights Act. She requested that she be given a back-dated pay increase effective from her date of engagement as a Civilian Member, and all scheduled pay increments from that time. The Grievor requested disclosure of all documentation related to the engagement of the male co-worker. The Respondent denied the disclosure request. The Level I Adjudicator supported the denial, stating the requested material was personal information and as such, it was protected under the Privacy Act.

The Committee found that the Level I Adjudicator and the Respondent erred when they assessed the discrimination complaint without following the steps and considering the factors set out in the Canadian Human Rights Act and the related Equal Wages Guidelines, 1986. The Committee also found that it is not possible for the wage discrimination complaint to be decided at Level II as important information lacking.

The Committee also found that the Level I Adjudicator decision on disclosure was incorrect. Disclosure is governed by section 31(4) of the RCMP Act: information, even personal information, should be disclosed if it is under the control of the Force, it is relevant to the grievance and the member reasonably requires it to properly present the case. However, in disclosing third party personal information to Grievors, only that information that is necessary to respect section 31(4) of the RCMP Act should be disclosed.

The Committee recommended to the Commissioner of the RCMP that he allow the grievance and order a full review of the Grievor's complaint of gender discrimination in the setting of wages, including the appropriate disclosure.

The Commissioner has rendered her decision in this matter, as summarized by her office:

The Commissioner agreed with the ERC that the Level I Adjudicator erred when he denied the disclosure of information requested by the Grievor pursuant to s. 31(4) of the Royal Canadian Mounted Police Act. With respect to the merits of the grievance, the Commissioner could not perform the analysis required by the Canadian Human Rights Act and the Equal Wages Guidelines, 1986 because the relevant information is lacking from the file, such as the information requested by the Grievor pursuant to s. 31(4) of the Act. The matter is therefore returned to Level I for reconsideration and redetermination.