G-761 - Relocation

The Grievor was transferred to a new posting. As a result of the transfer, he decided to sell his property at the old posting, which included a residence and a large parcel of land. Under the Integrated Relocation Program (IRP), the Grievor was entitled to reimbursement for the real estate commission. The reimbursement amount was based on an appraisal of the property, which was organized by an RCMP Regional Relocation Reviewer (the Respondent) and Royal LePage Relocation Services (RLRS). The first appraisal was limited to 1.235 acres of land because of the restrictions imposed by the IRP. The Grievor requested a second appraisal, which would cover four acres of land and which would involve a more experienced appraiser. This request was approved by the RCMP Departmental National Coordinator (DNC).

RLRS subsequently informed the Grievor that, instead of conducting a second appraisal, the first appraisal was adjusted to assess the value of four acres of land. The Respondent advised the Grievor that the second appraisal would not occur because an appraisal of four acres had already been conducted.

The Grievor submitted a grievance, arguing that he was entitled to the second appraisal. The Grievor believed that the second appraisal would have assessed his property value at the sale price, which would result in a full reimbursement of his real estate commission. The Grievor emphasized that he requested a more experienced appraiser; that his request for the second appraisal was approved; and that a more experienced appraiser was never provided. The Respondent argued that the second appraisal did not occur due to the delay caused by the Grievor. Furthermore, the Respondent insisted that the existing appraisal already covered four acres of land, which was sufficient to complete the appraisal process under the IRP. The Respondent contended that the Grievor could not claim full reimbursement for his real estate commission since the commission was paid on a large parcel while the reimbursement was limited to the commission attributable to four acres of land.

The ERC recommended that the grievance be allowed. The ERC found that the second appraisal was requested and approved pursuant to the IRP. While the Grievor had caused some delay, the ERC observed that the Respondent did not explain why she needed more time to complete the appraisal. The ERC concluded that the appraisal of four acres received by the Grievor ignored his request to have a more experienced appraiser. Nothing in policy allowed the Respondent to decide not to proceed with the second appraisal once it was approved by the DNC.

After considering an ex-gratia payment as an alternative remedy, the ERC recommended that the Commissioner allow the grievance and ensure that a second appraisal is completed based on historical real estate information. The Grievor may then receive any reimbursement he is entitled to under the IRP pursuant to the results of the second appraisal.

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

The Grievor was transferred and sold his residence which stood on over 56.3 acres. For the purpose of assessing the reimbursable real estate commission, under the Integrated Relocation Program, a real estate appraiser assessed the Grievor’s land, taking into consideration only 1.235 acres. The Grievor requested a second independent appraisal, contending the initial appraiser lacked experience and policy allowed four acres to be included in the assessment. The Departmental National Coordinator granted approval for the second independent appraisal. The Respondent did not have the second independent appraisal done, but instead, relied on the original appraisal, reassessed to include four acres. The Grievor was reimbursed for real estate commission based on the reassessed initial appraisal. The Grievor grieved the Respondent’s omission in failing to obtain a second independent appraisal. The Respondent argued the Grievor’s delay made the second appraisal impossible to obtain in time prior to closing. As redress, the Grievor sought a second independent appraisal, and claimed he ought to be reimbursed the entire real estate commission paid by him. The Level I adjudicator dismissed the grievance. The Grievor filed for a review at Level II. The matter was referred to the RCMP External Review Committee (ERC) and the ERC recommended the grievance be allowed and a second independent appraisal be ordered. The Commissioner accepted the ERC recommendation and allowed the grievance, directing a second independent appraisal, and confirming that the value to be assessed was up to four acres, not the entire amount as claimed by the Grievor.