Grievance Case Summary - G-402

The Grievor filed a harassment complaint. The Respondent concluded that the complaint related to workplace conflict, not harassment. A grievance followed.

The parties attempted to negotiate an early resolution, without success. The Case Manager advised the Respondent and the Grievor they needed to complete an Outcome Document. After an extension, the administrative time limit for delivery of the Outcome Document expired and the file was referred to a Level I Adjudicator. On the same date, the Grievor advised the Case Manager that he had not been able to respond sooner, but he still intended to submit the Outcome Document.

The Level I Adjudicator denied the grievance. He found that the Grievor had abandoned his grievance when he had not filed the Outcome Document. The Level I Adjudicator then proceeded to deny the grievance on the merits, stating that on the basis of the record before him, he found no error in the Respondent's decision.

The Committee found that the Level I Adjudicator erred when he determined that, by not filing an Outcome Document in time, the Grievor had abandoned the grievance.

The Committee also found that by denying the grievance on the merits, the Level I Adjudicator deprived the parties of the right to make submissions without the parties having notice that this consequence was possible.

Finally, the Committee found that the more appropriate way to proceed would have been for the Level I Adjudicator to declare that, because the administrative time frame was not respected, the Early Resolution Phase was terminated, with the result that the grievance would have moved to the Submissions Phase.

The Committee recommended to the Commissioner of the RCMP that the grievance be allowed and that the file be returned to Level I.

The Committee also recommended that the Commissioner consider amending the AM.II.38 to allow the Level I Adjudicator or the Case Manager to give retroactive extensions of administrative time frames.

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

The Commissioner agrees with the ERC's findings and recommendations. The Level I Adjudicator erred in concluding that the Grievor had abandoned the grievance process. The Level I Adjudicator also erred by denying the grievance on the merits without first giving the parties the opportunity to make submissions and ensuring compliance with disclosure requirements. The file is therefore returned to Level I for reconsideration, after proper disclosure and after the parties have been given an opportunity to make submissions.

The Commissioner agrees with the ERC that the RCMP's Grievance Policy (AM II.38) should be reviewed. However, this should be done not only with respect to the specific issue identified in this case, pertaining to retroactive extensions of administrative time frames, but generally, as part of the RCMP's change management agenda. The issue raised in this case should be included in that broader review.