Grievance Case Summary - G-742

The Grievor was deployed to an event. During his entire deployment, the Grievor was housed on a ship that had been leased by the RCMP.

Upon arriving, the Grievor was provided with a room where he spent his first night in single occupancy. The next day, another member arrived, which resulted in the Grievor spending the remaining 25 nights of his stay in double occupancy.

The Grievor filed a grievance to challenge the Force's decision to house him in double occupancy. He argued that the RCMP failed to adhere to the single room accommodation standard as set out in the National Joint Council Travel Directive (NJCTD) and as a result, he was entitled to financial compensation in the form of a Private Accommodation Allowance (PAA).

The ERC concluded that the Grievor may have been eligible to receive a PAA only if the lodging where he stayed could be found to be a "private non-commercial accommodation" (i.e. "private dwelling or non-commercial facilities where the traveller does not normally reside"). In order to determine whether the ship fell under the NJCTD definition of "private non-commercial accommodation", the ERC applied the following test: an accommodation may be considered private and non-commercial to the extent that it retains a "private character" as a result of someone living in it. The ERC concluded that the Grievor did not reside in a private dwelling during his stay given that the ship or, more specifically, the room in which he stayed did not have a private character as it was not someone's permanent residence. As a result, it was determined that the Grievor was not eligible for a PAA.

The ERC also commented on the issue of financial compensation as a result of a substandard accommodation. It was noted that neither the NJCTD nor the RCMP Travel Directive provides a gateway for financial compensation as a result of a failure to meet a specific requirement or standard under policy and that financial reimbursement is only for reasonable expenses necessarily incurred.

The ERC recommended that the Commissioner deny the grievance.

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

[Translation]

The Grievor was deployed to an event and spent several consecutive days aboard a ship in double occupancy. He claimed a private non-commercial accommodation allowance (PNAA) of $50 per night aboard the ship. He filed a grievance challenging the decision of the Royal Canadian Mounted Police (RCMP) to house him in a double room while he was deployed to the event. The Level I Adjudicator found that the ship could not be considered a private non-commercial accommodation and that the PNAA did not constitute compensation for unsuitable accommodation. The Commissioner accepts the RCMP External Review Committee’s finding that the grievance is without merit and denies the grievance.