Grievance Case Summary - G-446

The Grievor requested approval of a retirement relocation of less than 40 km. The Respondent denied this request.

The Grievor filed a grievance. He argued that the RCMP Integrated Relocation Program 2003 (RCMP IRP) was ultra vires as it contradicted the Treasury Board (TB) directive that was in effect at the time, that even if the policy applied he met the requirement of having "exceptional circumstances" and a retirement move, regardless of distance, was an expressed or implied term of his employment contract with the Force.

The Respondent countered that the RCMP had no authority to approve retirement relocation of less than 40 km, and there were no exceptional circumstances in the Grievor's case.

The Committee found that the RCMP IRP did not contradict the TB directive on relocation and the Grievor was not entitled to a retirement relocation of under 40 km, except as provided for in the RCMP IRP.

The Committee found that the Respondent did not properly exercise his discretion when refusing the Grievor's request for a retirement relocation of under 40 km, as he believed that the RCMP did not have authority to approve any retirement relocations of less than 40 km, under any circumstance.

However, notwithstanding this error on the part of the Respondent, the Committee found that the Grievor did not meet the conditions set out in the RCMP IRP for the approval of a retirement relocation of under 40 km, namely, he was not a member who was living in Crown-owned accommodation nor did he qualify under the "exceptional circumstances" provision.

The Committee recommended that the Commissioner of the RCMP allow the grievance and make a new decision on the merits.

If the Commissioner decided to rule on the merits, the Committee further recommended that he refuse the Grievor's request for a retirement relocation of under 40 km on the basis that the Grievor does not meet the conditions of the RCMP IRP.

The Commissioner of the RCMP's decision, as summarized by his office, is as follows:

The Commissioner agreed with the ERC's findings and recommendations and denied the grievance. The Commissioner found that the Grievor had failed to establish exceptional circumstances which would justify a Force-paid retirement move of less than 40 km.