Grievance Case Summary - G-424

A member filed a harassment complaint against the Grievor. The Respondent determined that the complaint was founded and imposed sanctions.

The Grievor filed a grievance and the Respondent delegated another officer to respond to the grievance. The Grievor objected to this delegation. The dispute was referred to a Level I Adjudicator, who concluded that the delegation was permitted. The Grievor requested a Level II review of this decision.

The Committee found that the Level I Adjudicator's decision related to a collateral issue only and the RCMP Act prevents a Level II review until such time as a final decision has been made at Level I.

The Committee also found that the wording of the Administration Manual (AM) around when a file can be referred to Level II was less than clear.

The Committee recommends that the Commissioner of the RCMP decline to consider this grievance until such time as the Level I Adjudicator has issued his or her decision.

The Committee also recommends that the Commissioner of the RCMP investigate the possibility of clarifying the AM with respect to when a file can be advanced to Level II.

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

The Commissioner agreed with the ERC that a matter can be sent for review at Level II only after a final Level I decision has been issued as suggested by section 13 of the Commissioner's Standing Orders (Grievances), the Royal Canadian Mounted Police Act (section 31(2) b) and the RCMP policy (AM.II.38.D.11). The Commissioner also concurred that grievors who disagree with a Level I decision on a collateral issue may not present their grievances to Level II until Level I has disposed of the collateral matter, the remaining preliminary issues, such as standing and time limits, and determined the case on its merits.

The Commissioner concluded that the matter was not properly referred to the ERC and should be returned to Level I for a final decision on all remaining issues of the grievance.