Grievance Case Summary - G-610

The Grievor performed relief work in the North prior to December 2011. He did not ask for a Private Accommodation Allowance (PAA) at that time because he was “told that it didn’t apply back then”. In 2014, the Commissioner released a Communication (2014 Communication) that was ultimately incorporated into the RCMP Travel Directive (Directive). The 2014 Communication was not in the record. However, the parties agreed it provided that, retroactive to December 2011, certain members would receive a PAA if they satisfied various criteria.

The Grievor requested a retroactive PAA for the period during which he performed relief work in the North in 2011, in reliance on the 2014 Communication. The Grievor contended and the Respondent did not disagree that, on June 17, 2014, the Grievor became aware his request was denied because his relief work pre-dated the eligibility period of the 2014 Communication.

The Grievor submitted a Level I grievance on July 11, 2014. Shortly thereafter, the Respondent raised an objection on the basis that the grievance was filed after the statutory thirty-day limitation period had expired. The Level I Adjudicator denied the grievance on the ground that it was out of time. She found that the Grievor was informed in 2011 that he would not receive a PAA but he did not present a grievance until 2014, years after the limitation period for so doing had expired.

The ERC disagreed with the Level I Adjudicator and found that the Grievor met the statutory 30-day limitation period at Level I. The Grievor’s eligibility to receive a PAA based on the criteria in effect in 2011 is not at issue. The fact that he did not file a grievance in 2011 is irrelevant. On his grievance form and in subsequent submissions, the Grievor contested the Force’s decision to deny his request for a retroactive PAA pursuant to the 2014 Communication. He did not dispute a decision of the Force in 2011 regarding a PAA. The Grievor stated, and the Respondent did not disagree, that the Grievor filed a claim for a retroactive PAA pursuant to the 2014 Communication, the RCMP denied the claim on the basis that the Grievor failed to satisfy an eligibility requirement of the 2014 Communication, the Grievor became aware of the denial on June 17, 2014, and the Grievor submitted a grievance fewer than thirty days later on July 11, 2014. The Force decision relevant to this grievance was its June 17, 2014 denial of the Grievor’s retroactive PAA request.

The ERC recommended to the Commissioner of the RCMP that he allow the grievance on the basis that the Grievor met the preliminary requirement of timeliness. It further recommended that the grievance be returned to Level I to proceed on the merits.

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

The Grievor performed relief work in the North prior to December 2011. He did not request Private Accommodation Allowance (PAA) at the time as he had been told that it did not apply. In 2014, the Commissioner released a Communique that was ultimately incorporated in the RCMP Travel Directive which provided that, retroactive to December 2011, members who met specific eligibility criteria, would receive PAA. The Grievor requested retroactive PAA for the period during which he performed relief work in 2011. On June 17, 2014, the Grievor learned his request was denied because his relief work predated the eligibility period. The Grievor presented a grievance on July 11, 2014. The Respondent submitted that the grievance was filed after the expiration of the statutory time limit. The Level I Adjudicator denied the grievance on that ground.

The Commissioner agreed with the ERC that the Grievor's eligibility to receive a PAA is not at issue at this juncture. The decision of June 17, 2014 denying the Grievor's retroactive request for PAA is the decision relevant to this grievance and the Grievor met the preliminary requirement of timeliness. The grievance is returned to Level I to proceed on the merits.