Grievance Case Summary - G-406

The Grievor was transferred and required to relocate. He sold his home, but the sale price did not cover the capital improvements he had made to the property. Funding to cover this loss could be paid from the Enhanced Core/Customized envelope of his relocation expenses, but only where that envelope contained sufficient funds, which the Grievor's did not. He filed a grievance seeking full reimbursement out of the Basic Core component on the basis of the "special circumstances" provision of the policy. He also stated that his mobility rights pursuant to section 6(4) of the Canadian Charter of Rights and Freedoms had been violated.

The Committee found that the "special circumstances" provision of the relocation policy cannot apply because the policy is explicit that this section only applies for expenses not otherwise addressed in the policy. The reimbursement of capital improvement losses is specifically addressed in another section of the policy.

The Committee also found that the Grievor has not satisfied the burden of proving that any breach of his Charter rights occurred. He has made a bald claim, but he has not provided any evidence or arguments to explain the factual basis of that claim.

The Committee recommended to the Commissioner of the RCMP that the grievance be denied.

The Commissioner has rendered a decision in this matter, as summarized by his office:

Acting Commissioner W. Sweeney agreed with the Committee's findings and, as recommended by the Committee, denied the grievance.