Grievance Case Summary - G-456

On July 21, 2003, the Grievor received a Notice of Discharge; the Discharge and Demotion Board found that the notice was warranted. The Grievor appealed this decision before the RCMP Commissioner. At the time, she was represented by a member representative. On December 28, 2007, the ERC issued its findings and recommendations and forwarded them to the Grievor and to the Commissioner.

On January 8, 2008, the Grievor received a call from counsel for the group representing the members, informing her that the ERC had issued its findings and recommendations, and that they were awaiting the decision of the Commissioner. Counsel also informed her that the counsel who had represented her had left the RCMP one year earlier. On January 16, 2009, the Commissioner dismissed the appeal and found that the discharge was warranted.

On March 7, 2008, the Grievor filed a grievance challenging the RCMP's failure to inform her that her counsel had left one year earlier.

The preliminary issue of time limits was submitted to the Level I Adjudicator; the parties were given an opportunity to be heard in the matter. The Level I Adjudicator found that the Grievor had not respected the time limits and denied the grievance. The Grievor filed a Level II grievance.

The ERC does not have jurisdiction over the grievance, because it does not relate to any of the subsections of section 36 of the RCMP Regulations (1988). Also, contrary to the Grievor's allegations, the Policy on the Indemnification of and Legal Assistance for Crown Servants is not applicable in her case.

The ERC did not make any recommendations to the Commissioner of the RCMP, because it does not have jurisdiction over the grievance.

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

The Commissioner agrees with the External Review Committee that this grievance does not qualify as a type of grievance that can be referred to the Committee for review.

The Commissioner personally acts as a Level II Adjudicator only for grievances that must first be reviewed by the Committee. As a result, the Commissioner is referring this file to the Level II Adjudicator appointed to rule on the grievance.