NC-025 - Medical Discharge

On July 31, 2015, the Respondent signed a Record of Decision (ROD) that the Appellant be discharged from the Force on the ground that he was unable to meet his employment requirements on the basis of having a disability. The ROD states that the Appellant had been absent from duty on sick leave (ODS) since August of 2008, that he had not participated in Graduated Return to Work attempts, and that there was insufficient medical information on file to allow an assessment regarding the Appellant's return to work. The Appellant's Medical Profile was changed to O6 in 2010, and one medical report on file indicates that the emotional health of the Appellant “is such that the prognosis is poor for him to ever be able to return to work for the RCMP”.

The ROD was served at the Appellant's nephew's residence on August 4, 2015. On August 20, 2015, the Appellant wrote to the Office of Coordination of Grievances and Appeals (OCGA) requesting an extension to file his appeal of his medical discharge. The OCGA granted a fourteen (14) days extension to file the appeal form and append a copy of the ROD. On October 15, 2015, the OCGA advised the Appellant that he had done nothing to indicate he wished to pursue his appeal, and that he disposed of fourteen (14) days to respond in writing as to whether he wished to continue the appeal process. On November 15, 2015, the Appellant responded that his medical condition had made it difficult to address the appeal, but that he would complete his submission by December 15, 2015. From November 2015 to August 2016, the OCGA followed-up with the Appellant, who indicated that he still wished to pursue his appeal, but was unable to do so at the moment due to his medical condition. On September 9, 2016, the Appellant indicated that he was entering an in-facility treatment program. This was the last correspondence the OCGA received from the Appellant. The OCGA contacted the Appellant numerous times throughout 2016, without receiving a response.

The ERC found that that the Appellant had abandoned his appeal, as there was a multi-year period of requesting the completion of the appeal form; numerous attempts at communication that were ignored by the Appellant and several extensions granted (either explicitly or implicitly). In addition, the ERC found that the Appellant did not meet the time limit for submitting his appeal and provided no extenuating circumstances that merit an extension.

The ERC recommended that the appeal be dismissed.

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

On July 31, 2015, the Respondent signed a Record of Decision (ROD) that the Appellant be discharged from the Force on the ground that he was unable to meet his employment requirements on the basis of having a disability. The ROD states that the Appellant had been absent from duty on sick leave (ODS) since August of 2008, that he had not participated in Graduated Return to Work attempts, and that there was insufficient medical information on file to allow an assessment regarding the Appellant's return to work. The Appellant's Medical Profile was changed to O6 in 2010, and one medical report on file indicates that the emotional health of the Appellant “is such that the prognosis is poor for him to ever be able to return to work for the RCMP”.

The ROD was served at the Appellant's nephew's residence on August 4, 2015. On August 20, 2015, the Appellant wrote to the Office of Coordination of Grievances and Appeals (OCGA) requesting an extension to file his appeal of his medical discharge. The OCGA granted a fourteen (14) days extension to file the appeal form and append a copy of the ROD. On October 15, 2015, the OCGA advised the Appellant that he had done nothing to indicate he wished to pursue his appeal, and that he disposed of fourteen (14) days to respond in writing as to whether he wished to continue the appeal process. On November 15, 2015, the Appellant responded that his medical condition had made it difficult to address the appeal, but that he would complete his submission by December 15, 2015. From November 2015 to August 2016, the OCGA followed-up with the Appellant, who indicated that he still wished to pursue his appeal, but was unable to do so at the moment due to his medical condition. On September 9, 2016, the Appellant indicated that he was entering an in-facility treatment program. This was the last correspondence the OCGA received from the Appellant. The OCGA contacted the Appellant numerous times throughout 2016, without receiving a response.

Having noted that the Record contained neither form 6437 nor the necessary information to consider an appeal as having been submitted, as the Appellant never complied with the requirements of AM II.3.5.2.1., the Appeal Adjudicator agreed with the ERC who stated that “it is highly unlikely in any event that the appellant will further respond to this process. The OCGA made several attempts to contact him as well as simplify the process to accommodate the Appellant's medical condition”. The Adjudicator also agreed with the Chairperson of the ERC who wrote that “the RCMP made exceptional efforts to assist the Appellant during both the career actions and the appeal process”. The Adjudicator dismissed the Appeal having found that the Appellant had not presented his Appeal within the statutory limitation period, that he had not identified extenuating circumstances that would justify a retroactive extension and that he had abandoned his Appeal.