Grievance Case Summary - G-613

On November 28, 2003, the Grievor was transferred from Division [XX] to Division [XXX]. Before his transfer, the Grievor received a bilingual bonus, an amount paid to eligible employees occupying bilingual positions. In May 2004, the Grievor's position number changed; however, he remained the police officer assigned to the position. Neither of the positions in Division [XXX] was a bilingual position.

Because the Grievor no longer held a bilingual position, he stopped receiving the bilingual bonus as of May 8, 2004. The Grievor did not file a grievance against this decision. He states that he continued offering services in French because [TRANSLATION] “it was the right thing to do”.

On March 12, 2008, the Grievor noticed a sign at the main entrance of his detachment indicating that services to the public were offered in both official languages. At the time, the Grievor was the only Francophone member present in the detachment during opening hours. The Grievor filed a grievance challenging the withdrawal of his bilingual bonus. The Grievor indicated that the date on which he became aware of the decision, act or omission was March 12, 2008, the date on which he noticed the sign. On May 5, 2009, the Level I Adjudicator denied the grievance on the basis that the Grievor had not presented it within the 30-day limitation period set out at paragraph 31(2)(a) of the Royal Canadian Mounted Police Act.

Under paragraph 31(2)(a) of the Act, the limitation period begins to run from the date on which the Grievor knew or reasonably ought to have known of the decision giving rise to the grievance. The fact that the Grievor noticed a sign in 2008 informing the public that it could receive services in both official languages does not warrant an extension of the limitation period. The sign cannot be considered a new fact justifying an extension of the limitation period.

The ERC recommended that the Commissioner of the RCMP deny the grievance.

The Commissioner's decision, as summarized by his office, is as follows:

[TRANSLATION]

The Grievor challenges the withdrawal of his bilingual bonus following a transfer. The ERC recommended that the grievance be denied on the ground that it was not presented within the time limit prescribed by section 31(2)(a) of the Act. For the reasons set out in this decision, the Commissioner agrees with the ERC's recommendations and denies the grievance.