Grievance Case Summary - G-433

The Grievor was the subject of formal disciplinary action and a hearing was pending. The Health Services Officer (HSO) provided an opinion to the Appropriate Officer Representative that the Grievor was fit to participate in the hearing. The Grievor filed a grievance objecting to this opinion, claiming it was an abuse of power, harassment and retaliation.

The Case Manager sent the file to the Level I Adjudicator for a decision on standing prior to the expiry of the time provided to the Grievor to make her submission and without providing her with an opportunity to make submissions on the issue of standing.

The Level I Adjudicator denied the grievance on the basis of a lack of standing. He concluded that the HSO's opinion that the Grievor was fit to participate in a disciplinary hearing was not a decision, act or omission, and therefore was not grievable within the context of the RCMP Act.

The Committee found that there were a number of procedural errors, most significantly that the Grievor was denied the right to be heard prior to the Level I decision, but also including unresolved questions related to disclosure, access to information and the Grievor's willingness to participate in early resolution discussions. The Committee found that the procedural errors created unfairness in the process.

The Committee recommended to the Commissioner of the RCMP that the grievance be upheld and returned to Level I. The Committee also recommended that the Commissioner apologize to the Grievor for the unfairness created by a number of procedural errors.

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

In a decision dated September 12, 2011, the Commissioner determined that, with the HSO’s determination that the Grievor was medically unable to participate in her Code of Conduct hearing (which reversed the HSO’s earlier opinion on which the grievance was based) the grievance became moot. Even if the HSO’s opinion had not changed, the Grievor would not have had standing, due to the fact that she had another process for redress, in front of the Adjudication Board.

While the ERC recommended that the Commissioner nevertheless return the matter to Level I due to the Grievor’s complaints of harassment and abuse of authority, the Commissioner found that those claims were made respecting the opinion itself, and nothing more. The HSO acted diligently and properly in rendering his opinion.

The Commissioner dismissed the grievance. However, he offered an apology to the Grievor for the procedural errors which caused her unfairness in presenting her grievance and having it heard.