Grievance Case Summary - G-389

The Grievor was working at the G8 Summit and lodged in a temporary camp composed of a number of trailers for six nights. Afterwards, the Force denied his travel claims for a per diem meal allowance and accommodation at the private accommodation rate. The member grieved stating that due to unanticipated complications, poor planning and negligence, the accommodation was not acceptable. He alleged that the person-to-shower ratio was too high; there was excessive noise in the camp; there were problems in the manner in which an incident of food poisoning at the camp was handled; unreasonably high temperatures turned the camp into a "sweat box"; and the camp was a dusty and muddy environment. 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 brought a Level II grievance.

The Committee found that the Level I Adjudicator erred in making rulings on time limits without the parties being given the chance to be heard. The Committee also found that the Level I Adjudicator erred when he ruled that the grievance was not timely. In this case, the complaints that gave rise to the grievance were based on conditions that did not occur until the Grievor was actually at the G8 Summit.

The Committee found that the basic requirements of the TBTD and the AM VI.I. had not been met, i.e. that the living accommodation did not meet the standard of being "comfortable and of good quality". The Committee recommended that the Commissioner acknowledge to the Grievor that the Force did not provide him with accommodation that met the minimum TB and RCMP requirements.

The Committee also found that financial compensation for the substandard accommodation and meals was not authorized under either the TBTD or the AM VI.I because the Grievor did not state that he had incurred expenses as a result. The Treasury Board Policy on Claims and Ex gratia Payments would also not apply.

The Committee recommended that the grievance be allowed.

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

The Commissioner agreed with the Committee's findings and, as recommended by the Committee, allowed the grievance.