# 2013-022 Releases, Integrated Relocation Program (CF IRP), Jurisdiction, Release - Compulsory, Right to Grieve

Case Summary

F&R Date: 2013–03–28

The grievor was released on short notice and claimed that he incurred additional relocation expenses such as disconnection fees for internet and phone services. As redress, the grievor requested the reimbursement of these expenses.

The grievance file was referred to the Committee for review. While the Committee acknowledged that the grievor may well have incurred the expenses claimed as a result of the short notice release, it found no such evidence on file. However, the Committee noted that despite being advised on several occasions to contact Brookfield Global Relocation Services to have his claim assessed as part of his relocation entitlements upon release, the grievor refused to do so preferring to have the merit of his complaint determined through the grievance process.

It was the Committee's view that without a review of the grievor's claim by Brookfield Global Relocation Services, it was too soon to determine whether the grievor had been aggrieved as a result of the short notice release and whether redress was required. The Committee explained that the Canadian Forces grievance process was not designed to substitute or circumvent a legitimate decision-making process. The Committee further explained that the grievance process serves to review decisions that have already been made and rectify an injustice, when necessary and justified.

The Committee concluded that the grievance was premature and that it did not meet the requirements of Section 29 of the National Defence Act and chapter 7 of the Queen's Regulations and Orders for the Canadian Forces. The Committee found that the grievor had not been aggrieved by a decision, act or omission in the administration of the affairs of the Canadian Forces.

The Committee therefore concluded that it did not have jurisdiction to deal with the grievor's request, as it did not constitute a valid grievance. The Committee recommended to the Chief of the Defence Staff that the file be closed.

CDS Decision Summary

CDS Decision Date: 2013–09–26

The CDS partially agreed with the Board's recommendation as he did not close the file, but determined that the grievor's release from the CF was properly administered. The CDS found that the grievor should have submitted a request for reimbursement of his alleged expenses through Brookfield, before seeking reimbursement through the grievance process.