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Grievance Case Summary - G-415

G-415

The Grievor was discharged from the Force under the Workforce Adjustment Directive (WFAD). The WFAD allowed members in the Grievor's circumstances some relocation expenses, but did not provide for any reimbursement of home equity loss. The Grievor requested access to the Home Equity Assistance Program (HEAP) located in the Relocation Directive (RD) to off-set anticipated losses on the sale of her home. The Grievor claimed that, as she qualified for relocation under the terms of the WFAD, all of the provisions of the RD should apply to her.

ERC Findings

The Committee found that to trigger eligibility under the RD, the member's relocation must be included in sections 78 and 79 of the RCMP Regulations. As a WFAD relocation was not included in these provisions, the Committee found that the Grievor was not entitled to benefits under the RD.

The Committee also found that, while the Grievor is entitled to the relocation benefits described in the WFAD, that directive does not include any explicit entitlement to home equity loss reimbursement nor do any of the categories of authorized relocation benefits create an indirect entitlement to home equity loss reimbursement.

ERC Recommendations dated June 29, 2007

The Committee recommended that the grievance be denied.

Commissioner of the RCMP Decision dated February 26, 2010

The Commissioner of the RCMP decision, as summarized by his office, is as follows:

Acting Commissioner William Sweeney agreed with the Committee's findings and recommendations and denied the grievance. Acting Commissioner Sweeney also directed that a policy review of the WFAD be performed. The review should consider how the language of the WFAD may be revised and clarified, with an aim of making the policy less complicated.

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2022-07-07

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