Grievance Case Summary - G-655

The Grievor received a cost relocation from one city to another. A few months later, he made a House Hunting Trip (HHT) to his new location of work. However, according to the Integrated Relocation Program, Relocation Policy for the Royal Canadian Mounted Police (2009) (IRP), the Grievor had to obtain prior approval for the HHT by the Relocation Reviewer, which he did not do. His claim for reimbursement of expenses related to his HHT was therefore denied, and he grieved the decision.

In his Level I submission, the Grievor acknowledged that he did not comply with the policy, because he did not know it. The Respondent stated that the denial of the claim for reimbursement was in accordance with the policy, that it was the Grievor's responsibility to know the policy before committing to spend public funds and that there were no exceptional circumstances to retroactively approve the Grievor's claim. The Level I Adjudicator denied the grievance, stating that, according to the IRP, the Grievor was responsible to know the legislation, regulations, policies and directives to which he was subject, including the obligation to seek prior authorization from the Relocation Reviewer to make a HHT. Like the Respondent, the Adjudicator concluded that there were no exceptional circumstances to subsequently approve the Grievor's claim for reimbursement.

The ERC determined that it could address the grievance, that the Grievor had standing and that he had filed his grievance within the time limits. The ERC further found that the Grievor had submitted new evidence that was inadmissible at Level II. Concerning the merits of the grievance, the ERC found that the Grievor was required to familiarize himself with the policies applicable to him and that the circumstances described in the facts were not sufficiently exceptional to merit subsequent approval of his claim for reimbursement.

The ERC recommended that the grievance be denied.

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

[TRANSLATION]

The Grievor challenged the Respondent's decision not to reimburse expenses for a House Hunting Trip. The ERC recommended that the grievance be denied on the basis that the Grievor had failed to demonstrate that the challenged decision was contrary to the applicable policy. The Commissioner agreed with the ERC recommendations and denied the grievance.