Grievance Case Summary - G-457

The Grievor filed a complaint concerning an advertised transfer, following the decision to close the detachment she worked in. She was later ordered to report to her new workplace. An RCMP vehicle was loaned to her and her travel expenses were reimbursed. However, after approximately four months, the Grievor was ordered to assume the travel expenses herself. This decision was substantiated by the fact that more than 90 days had elapsed since her transfer; no action had been taken concerning her relocation, therefore the Grievor was not planning to initiate the relocation process; and, it was her decision to continue commuting from her residence. The Grievor filed a grievance against this decision. She explained that she had filed a first grievance concerning her transfer, and that she was entitled to travel expenses, as provided in the travel directives, until her grievance was settled. The Level I Adjudicator denied the grievance. The termination of the Grievor's travel expense reimbursements was warranted. The Grievor's transfer was not temporary; she made a personal decision not to move.

In referring to the three policies and recommendations contained in ERC files 2400-06-002 (G-432) and CEE 2500-06-001 (G-442), the ERC determined that the three factual criteria needed for the reimbursement of travel expenses were present here: (1) the Force decided to transfer the member; (2) the member filed a grievance regarding the decision to transfer her; (3) the Force ordered the member to report to her new post before a decision could be rendered in the grievance on the decision to transfer her.

Article D.17 at Chapter II.38 of the RCMP Administrative Manual (AM) states that when a member files a grievance concerning a lateral transfer, the transfer must be postponed until the grievance has been settled. This article refers to Article 3.C.1.o of the RCMP Career Manual. Under Article 3.C.1.o, a member who has been instructed to report to a new workplace following a transfer, even though a grievance concerning that transfer is pending, is entitled to travel expenses pursuant to the travel directives until a decision is rendered at the final level for that grievance. When a member receives an interim transfer before the grievance regarding that transfer is settled, the detailed provisions of AM VI.1 and the two Treasury Board decisions - TB 704761 and TB 710531 - need to be considered.

The ERC has indicated that the detailed provisions applicable relate to travel of less than one day and that the file does not contain all of the information necessary to determine the reimbursable expenses to which the Grievor is entitled.

The ERC recommended that the Commissioner of the RCMP allow the grievance and order the file returned to the persons authorized to determine the amount the Force will need to pay to the Grievor.

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

[TRANSLATION]

In a decision dated May 16, 2012, Commissioner Robert W. Paulson concurred with the ERC’s findings and recommendations. He allowed the grievance and returned the file to the Force’s appropriate authorities to have them calculate the refundable expenses to which the Grievor is entitled under the Travel Directive and to reimburse her as soon as possible.