G-759 - Relocation

The Grievor filed a grievance challenging the Respondent’s decision to deny his Home Equity Assistance Program (HEAP) application. During the Early Resolution Phase of the grievance process, the Respondent raised the preliminary issue of timeliness on the basis that the grievance was filed outside of the 30-day statutory time limit set out under para. 31(2)(a) of the RCMP Act.

At Level I, the Grievor argued that he was initially unaware that the HEAP denial was a Force decision to which the grievance process applied. He explained that, 41 days after the decision was rendered, he was informed by his RCMP relocation reviewer of the appropriate process for redress, and promptly filed his grievance the following day. The Level I Adjudicator denied the grievance, finding that it had been initiated after the expiration of the 30-day statutory limitation period, and further concluded that a retroactive extension of time was not justified in these circumstances.

At Level II, the Grievor explained that he was away from his home detachment for approximately three weeks during the statutory limitation period and that he was unable to access his e‑mails. In the Grievor’s view, his absence from the detachment and his attempts to reach his RCMP relocation reviewer demonstrates his continuing intention to pursue his grievance, which in turn justifies a retroactive extension of time.

The ERC concluded that the Grievor did not submit his grievance within the 30‑day Level I limitation period. The ERC also found that there were no exceptional circumstances that would justify the Commissioner retroactively extending the    30-day statutory time limit.

The ERC recommended that the grievance be denied on the issue of timeliness.

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

The Grievor challenged the Respondent's decision to deny his Home Equity Assistance Program application. The Level I Adjudicator denied the grievance on the basis that it was filed outside of the statutory time limit. The ERC agreed with the Level I Adjudicator and recommended the grievance be denied. The Commissioner found that the Griever failed to file his grievance within 30 days after the day on which he knew of the impugned decision and that the circumstances do not warrant a retroactive extension of the statutory time limit. The Commissioner dismissed the grievance.