Grievance Case Summary - G-454

The Grievor was transferred in 1998. Initially, he elected to retain his residence at his former work location and his spouse continued to reside there. After a number of months, the Grievor reversed this decision, however, the home did not sell.

In August 2001, the Grievor sought a waiver of the two-year time limit for the payment of benefits related to the sale of his home and his move. The waiver request was to be sent to the Commissioner of the RCMP or his delegate, however, it was mishandled. As a result, no authorized decision on the waiver request was even rendered to the Grievor.

In September 2003, the Grievor sold his home, his spouse joined him at his new post and he requested access to the relocation benefits, including his transfer allowance, which had not been paid.

The request for relocation benefits was denied on the basis that the two-year time limit had passed. The parties could not agree on the amount of the transfer allowance, with the Grievor claiming an entitlement to 1/12 of his annual salary and the Respondent taking the position that he was entitled to only half this amount, as he proceeded to his new post without his dependents.

The Committee found that the Relocation Services did not handle the waiver request according to the RCMP Relocation Directive.

The Committee also found that, given the passage of time, the Commissioner should consider the waiver request himself, rather than referring it to his delegate. However, the Committee found that the Grievor had not established that there were exceptional circumstances justifying the waiver.

Finally, the Committee found that the Grievor was entitled to a transfer allowance in the amount equal to one month's salary, calculated on the date that his dependent(s) departed for the new location.

The Committee recommends to the Commissioner of the RCMP that the grievance be denied, except to the extent that a review take place to ensure that the Grievor received the full amount of his transfer allowance.

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

In a decision dated March 16, 2012, the Commissioner agreed with the ERC and denied the Grievor’s claim for costs associated with selling his house (real estate and legal fees), as he did not claim these costs within the two-year period required by the Relocation Directive, and does not qualify for a waiver of this time period.

The Commissioner agreed with the ERC and held that the Grievor was entitled to his transfer allowance of 1/12 his annual salary, set out in the RCMP Policy on Pay and Allowances, AM II.4, as he moved with a dependent.

The Commissioner also determined that the Grievor was entitled to his other moving costs which were not subjected to a limitation period, namely (i) his costs associated with the shipment of his household effects and related expenses; and (ii) the incidental allowance set out in s. 2.13 of the Relocation Directive.