Grievance Case Summary - G-601

In April 2007, while on maternity leave and due to personal circumstances, the Grievor moved from Surrey, British Columbia to Dartmouth, Nova Scotia (NS). In December 2007, after discussions with RCMP staffing, the Grievor was offered a position in Halifax, NS. The Grievor accepted the position and signed the transfer form A-22A which did not include a “cost” transfer. In 2008, the Force initiated the Retroactive Corrective Payment of Relocation Benefits Project. The objective of the Project was to correct discrepancies in the treatment of members caused by inconsistent interpretations of the “cost” transfer criteria of the Treasury Board Integrated Relocation Program between 2001 and 2008. The Grievor applied to have her no cost transfer to Halifax, NS reviewed under this Project. The review team determined that the Grievor was ineligible to participate in the Project as she was already residing in Dartmouth, NS when her transfer was issued. The Grievor grieved this decision.

The ERC observed that five types of grievances are referable to the ERC in accordance with subsections 36(a) to (e) of the Royal Canadian Mounted Police Regulations, 1988. It found that the present grievance did not fall within the scope of subsection 36(d) (Relocation Directive). The grievance does not involve the Force’s interpretation of the IRP itself but rather the interpretation and application of a separate, internal initiative undertaken by the Force.

The grievance is not referable to the ERC. As a result, the ERC does not have the legal authority to further review the matter or to make a recommendation.

The Commissioner agreed that the grievance was not referable to the ERC and sent the grievance to the appropriate Level II decision-maker.