Grievance Case Summary - G-612
G-612
In 2008, the Grievor was transferred to an isolated post with an environmental allowance of 3, which entitled him to one vacation travel allowance (VTA) in each fiscal year. On March 2, 2009, a divisional broadcast was sent to all personnel in the Grievor's division reminding them that VTA claims for the fiscal year 2008-09 had to be received by the responsible office by March 31, 2009. The broadcast also indicated that late submissions would not be processed.
In May 2009, the Grievor became aware that he was eligible to file for a VTA for fiscal year 2008-09, even though he had not been at that isolated post for the entire fiscal year. The Grievor immediately submitted a VTA claim. The Respondent denied the claim because it had not been submitted prior to March 31, 2009. On June 1, 2009, the Grievor filed a grievance. He argued that he was not aware, prior to March 31, that he was eligible for a VTA for that fiscal year. Although the Isolated Post and Government Housing Directive (IPGHD) required that members receive information packages and orientation sessions, the Grievor stated that he had never been informed about his entitlements.
The Level I Adjudicator dismissed the grievance. She found that the Grievor was responsible for familiarizing himself with policies and procedures that applied to his situation. Given the Grievor's experience in prior postings and his supervisory position, it was reasonable to expect that the Grievor would be familiar with applicable policies.
ERC Findings
The ERC found that it was the Grievor's responsibility to be familiar with policies applicable to his situation. The fact that he had not received the comprehensive information package required by the IPGHD did not in itself negate his obligation to educate himself regarding the application of the IPGHD.
ERC Recommendation dated December 3, 2015
The ERC recommended that the Commissioner of the RCMP deny the grievance.
Commissioner of the RCMP Decision dated June 29, 2016
The Commissioner's decision, as summarized by his office, is as follows:
The Grievor presented a grievance against the Respondent's decision to deny his Vacation Travel Assistance (VTA) claim for the fiscal year 2008-09 on the basis that his claim was not submitted before March 31, 2009. The Commissioner accepts the ERC's findings that the Grievor had the responsibility to inform himself with respect to the benefits available to him pursuant to the National Joint Council Isolated Post & Government Housing Directive. The Respondent's decision to refuse to pay the Grievor a VTA for the 2008-09 fiscal year is consistent with policy. The grievance is denied.
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