Grievance Case Summary - G-388

The Grievor worked at the G8 Summit and was lodged at the Department of National Defence (DND) Bush Camps and at a Guest Ranch. He was advised in advance that accommodation would be shared and that meals were provided at no cost. After the Summit, the Grievor alleged that he was given inadequate accommodation and insufficient food. For example, he was assigned three men to a two man tent; slept in a sleeping bag in the bush with no cover; had a waste paper basket as a toilet; and no hot meals were served. The Respondent argued that the manner in which the travel and meals were planned was justifiable under distinct portions of the Treasury Board Travel Directive (April 1, 1993) ("TBTD") and the RCMP Travel Policy (chapter VI.I of the RCMP Administration Manual) ("AM VI.I").

The Level I Adjudicator denied the grievance on the basis of timeliness. He found that the Grievor was advised prior to the G8 Summit that meals and accommodation would be paid for by the Force, and he should have grieved within 30 days of this advance notice. The Grievor presented a Level II grievance.

The Committee found that the Level I Adjudicator erred in ruling on time limits without the parties being given the chance to be heard. The Level I Adjudicator also erred when he ruled that the grievance was not timely. The complaints that gave rise to the grievance were based on conditions that were not known until the Grievor was actually living in the camp.

On the merits, the Committee found that the unique challenges presented by the G8 Summit being held at a remote and environmentally sensitive location justified the requirement that members stay in non commercial accommodation. However, the Respondent has not refuted any of the allegations made by the Grievor regarding the substandard accommodation, and the Committee found that the Treasury Board standard of "comfortable and of good quality" had not been met. On the other hand, the Committee could not conclude that the meal services provided to the Grievor did not meet the requirements of the TBTD and the AM VI.I. The Committee also found that financial compensation for the substandard accommodation was not authorized under either the TBTD or the AM VI.I because, at Level I, the Grievor did not state that he had incurred expenses as a result. The claims are also not authorized under the Treasury Board Policy on Claims and Ex gratia Payments.

The Committee recommended that the Commissioner allow the grievance and that he acknowledge to the Grievor that the Force did not provide him with appropriate accommodation. The Committee also noted that in other grievances related to the G8 Summit, some Grievors requested that the Commissioner order a review into the planning and decision making surrounding the accommodation and meal services for the event. If the Commissioner were to make such an order, it is recommended that the Grievor in this case be given an opportunity to participate and be heard.

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

On the issue of time limits, the Commissioner ruled that the limitation period started the day the Grievor reported for duty at the G8 Summit. The Grievor could not reasonably have known that he was aggrieved prior to attending and experiencing the site accommodation and meal service. The grievance was therefore timely at Level I.

As for the merits, the Commissioner found, based on an objective standard, that three members in a two-person tent, even under operational circumstances, fails to meet the minimum standard. By this, the Commissioner did not acknowledge that accommodation provided at the G8 Summit failed to meet the Treasury Board minimum standard. Tents are included in the Treasury Board Directive definitions of government and institutional accommodation, and in normal circumstances would meet the minimum standard. Rather, the Commissioner found that the specific experience of three members in a two-person tent, as the Grievor experienced, was below the minimum standard of "comfortable and of good quality", even by wilderness standards.

With respect to meal service, the Commissioner ruled that the Grievor did not provide details to support his allegations of substandard meals. There was not enough information to conclude that the meals provided to the Grievor did not meet the requirements of the Treasury Board Directive.

The Grievor did not identify any specific redress in his submission with respect to accommodation. The Commissioner stated that financial compensation for the substandard accommodation is not authorized under either the TB Directive, or the RCMP Administration Manual. Additionally, it would not be possible to make a payment under the Treasury Board's Policy on Claims and Ex gratia Payments, as it does not apply to travel claims. Compensation guidelines and policies are intended to indemnify members for actual and reasonable expenses incurred. The Grievor did not claim that he incurred additional expenses for the accommodation, and there was no net financial loss on his part. Therefore, payment for expenses (accommodation claim) not incurred would amount to profit, not compensation.