G-780 - Private Accomodation Allowances

The Grievor is challenging the Respondent’s decision to deny his claim for the Private Non-Commercial Accommodation allowance (PAA) following the performance of relief duties. The grievance was filed after the RCMP Travel Directive was amended in June 2014 to include a provision stating that, retroactive to December 16, 2011, the PAA will be paid to members who, while on relief duties, resided in Crown-owned housing normally rented by other members (TD Amendment). The Grievor argues that the retroactive period contained in the TD Amendment should be extended to encompass the dates covered by his relief duties which were performed prior to the December 16, 2011 cut-off date.

The grievance was denied at Level I for being out of time. The Adjudicator observed that the Grievor failed to provide evidence with respect to the significance of the aggrieved date indicated on his Grievance Presentation Form (3081). The Adjudicator determined that the matter became live again when the TD Amendment came into force on June 26, 2014 and therefore, the Grievor had until July 28, 2014 to pursue the matter which he failed to do.

The ERC concluded that the grievance had been filed within the 30-day statutory limitation period because the Respondent, throughout the resolution process, never contested the Grievor’s position that he became aware of the decision giving rise to his grievance on the date specified in his 3081.

With respect to the merits, the ERC found that it was in a position to assess the validity of the Grievor’s PAA claim because the Parties’ submissions in this regard had been provided at Level I. The ERC concluded that the Grievor had demonstrated his entitlement to the PAA for the period covered by his relief duties and that he is entitled to compensation as a result. As for the retroactive date contained in the TD Amendment, the ERC relied on a past Commissioner’s decision to find that the Grievor should have been contacted by the Force to have his PAA claim dealt with.  

The ERC recommended that the Commissioner allow the grievance. 

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

The Grievor challenged a decision denying his claim for Private Non-Commercial Accommodation Allowance (PAA). The Level I Adjudicator dismissed the grievance on timeliness even though the Respondent conceded that the grievance was timely. The ERC found that the grievance met the statutory prescription period and that the Grievor was entitled to PAA. The Commissioner accepted the ERC recommendation and allowed the grievance.