Fair decision-making for fair outcomes: Complaint mechanisms for DND employees
This review looks at the most recent iterations of the DND’s internal complaints processes to determine whether they are properly designed to produce fair outcomes for our constituents. The focus of our analysis is on compliance with legislation, process design, and incorporation of procedural fairness principles into policy. Our hope is that the DND’s new process designs will allow for the consistent application of policy and procedural fairness protections at all levels of decision-making.
Progress report on the implementation of recommendations re: Individual civilian grievance process
Progress report on the status of recommendations
April 2026
- 11 recommendations made
- 11 recommendations accepted
- 1 recommendation implemented
- 1 recommendation partially implemented
- 9 recommendations not implemented
Recommendation 1
The DND review its policy framework for individual grievances to ensure that it addresses a reasonable apprehension of bias in a manner that is consistent with the Supreme Court of Canada and the Federal Public Sector Labour Relations and Employment Board.
Recommendation 1 status: not implemented
The DND response did not address the substance of the Ombudsman’s recommendation, and no evidence was provided that the DND updated its policy framework. TheDND stated that it reviewed processes and organizational structure with a focus on reducing bias in the provision of labour relations advice by Labour Relations Officers (LROs), however, this does not address the issue identified as the Ombudsman’s recommendation pertains to the decision-makers in the grievance process and not LROs.
Recommendation 2
The DND review its policy framework for individual grievances to ensure that it requires written reasons from decision-makers and provides guidance as to the appropriate content of such reasons.
Recommendation 2 status: not implemented
The DND response did not address the substance of the Ombudsman’s recommendation. The DND stated that written reasons are provided to parties, yet no updates have been made to the policy framework or guidelines to establish this as a requirement.
Recommendation 3
The DND review its case management procedures and practices for individual grievances to ensure logical and consistent data collection and capture.
Recommendation 3 status: not implemented
The DND response did not address the substance of the Ombudsman’s recommendation. While the DND emphasized the training it provides on its case management system and referenced an upgrade to a related legacy system, it did not provide evidence that work has been undertaken to review or update the procedures and practices for its case management system.
Recommendation 4
The DND conduct a recurring, and systematic review of a sampling of individual case files to ensure the quality of grievance files, the accuracy of the information entered into the DND’s case management system, the timeliness of the individual grievance process from receipt to decision, and the sufficiency of the reasons provided by the decision-makers.
Recommendation 4 status: implemented
The DND response indicates that monthly quality assurance audits of the case management system were implemented beginning in November 2025. The Department also provided its formal audit schedule as supporting documentation.
Recommendation 5
The DND publish information and resources with respect to individual grievances on the DND’s public internet site and on the DND’s human resources application.
Recommendation 5 status: not implemented
The DND response did not address the substance of the Ombudsman’s recommendation.
The DND provided statistics on the administration of the grievance process in dashboard format and noted that the dashboards were publicly available. However, this does not deal with the issue of accessibility of information on the process for employees outside of the Defence Wide Area Network (DWAN).
Recommendation 6
The DND review and update its policy framework for individual grievances to include current and correct terminology as well as an accurate description of the current individual grievance process.
Recommendation 6 status: not implemented
The DND has set the 2026-27 fiscal year as the target timeline for the implementation of Recommendation 6.
Recommendation 7
The DND review its policy framework for individual grievances to provide guidance on addressing frivolous or vexatious grievances.
Recommendation 7 status: not implemented
The DND has set the 2026-27 fiscal year as the target timeline for implementation of Recommendation 7. The DND reported that it has begun developing a Defence Administrative Orders and Directive (DAOD) on frivolous or vexatious grievances.
Recommendation 8
The DND review its policy framework for individual grievances to include guidance as to when an investigation of the facts alleged by a grievor is required and when such an investigation can be conducted internally or could be contracted to an external third party.
Recommendation 8 status: not implemented
The DND response did not address the substance of the Ombudsman’s recommendation.
The DND, however, stated that it is seeking to establish an internal investigations team in the 2026–27 fiscal year, and that the development of guidance would begin only once the team is established.
Recommendation 9
The DND review its policy framework for individual grievances to include guidance as to the conduct of an internal investigation into the facts alleged by a grievor.
Recommendation 9 status: not implemented
The DND response did not address the substance of the Ombudsman’s recommendation.
The DND, however, stated that it is seeking to establish an internal investigations team in the 2026–27 fiscal year, and that the development of guidance would begin only once the team is established.
Recommendation 10
- The DND develop and provide contractors with clear instructions as to the proper conduct of external investigations into facts alleged by a grievor in an individual grievance.
- The DND include in such instructions requirements that the investigation be conducted in a manner which respects federal privacy requirements as well as the principles of procedural fairness, and that the information collected be reliable and relevant; and
- The DND have quality control measures in place to ensure that the said instructions are followed and that investigations are carried out consistently.
Recommendation 10 status: partially implemented
The DND responded that these requirements are included as standard language in the terms of reference for investigators and in the statements of work for each contract. The DND provided its templates as supporting documentation.
The DND did not provide evidence to demonstrate that quality control measures were put in place.
Recommendation 11
The DND collect statistics in relation to internal and external investigations including in relation to their cost.
Recommendation 11 status: not implemented
The DND response did not address the substance of the Ombudsman’s recommendation.
The DND responded that the Department is not able to collect cost‑related statistics because these investigations are managed by individual Level One organizations. The DND did not explain why other statistics are not collected.
Progress report on the implementation of recommendations re: Workplace harassment and violence resolution process
Progress report on the status of recommendations
April 2026
- 4 recommendations made
- 4 recommendations accepted
- 4 recommendation implemented
Recommendation 1
The DND review its policy framework for harassment and violence to ensure that the procedural fairness protections owed to parties are clearly identified and elaborated upon.
Recommendation 1 status: implemented
The DND has updated the Workplace Harassment and Violence Prevention (WHVP) Policy Manual to include language on procedural fairness protections owed to parties. The updated WHVP Policy Manual was published on the Departmental website on 16 March 2026.
Recommendation 2
The DND review its policy framework for harassment and violence to identify an alternate decision-maker in the event that a complaint involves a decision-maker at the top of a complainant’s reporting chain.
Recommendation 2 status: implemented
The DND has updated its Standard Operating Procedures (SOP) for its Designated Recipient Unit to identify an alternate decision-maker from another federal agency to manage the resolution process. Additionally, in cases requiring investigation, external investigators are engaged.
Recommendation 3
The DND review its template documents to ensure that they employ neutral language when referring to parties.
Recommendation 3 status: implemented
The DND was proactive in implementing this recommendation. All template documents were reviewed and edited to remove non-neutral language prior to the publication of our report. Accordingly, no follow-up was needed for this recommendation.
Recommendation 4
The DND make its intranet and public-facing webpages for harassment and violence resolution easier to locate.
Recommendation 3 status: implemented
The DND has updated both its internal Intranet webpage at: Chief Professional Conduct and Culture and public-facing one at: Workplace harassment and violence prevention program - Canada.ca. The relevant information on its webpages is now easier to locate and navigate.
