Grievance Case Summary - G-032

FACTS - Relocation / transfer; distance requirements. ISSUES - Interest to grieve: no Force decision; 30-day period to grieve; effect of distance requirements; delays. Member transferred; decides to relocate. Asks Financial Services and Supplies to designate a mover. FSSB finds that new residence only 25 km closer to new post, decides that member not entitled to reimbursement. CO says no operational need to relocate. FSSB writes to Grievor that not qualifying for reimbursement. Member relocates, grieves decision of FSSB.

On March 22 1991, the ERC issued its findings and recommendations. Grievor has burden of persuasion to show grievance is valid (s. 31 RCMP Act) and well-founded. Record to ERC had no information whether s. 31 time limits met; deemed met here based on facts. Grievor no standing however: not aggrieved by Force decision but by own decision. On the merits grievance fails: relocation requires authorization; none given. Delays unacceptable: Force took 9 months to inform Grievor of decision leading to grievance. Recommended denying grievance.

On July 31, 1991, the Commissioner rendered his decision. Grievance process contains rules required by natural justice. Rules require that someone be aggrieved, have suffered some loss. Here Grievor not expected nor required to relocate, not asked to do so; decision communicated to member before any expenses incurred; no valid grievance. Grievance denied.