Grievance Case Summary - G-519

A Code of Conduct investigation was initiated against the Grievor regarding an allegation that he had acted inappropriately. The investigation determined that the allegation was founded and the Grievor received an informal discipline measure of counselling.

The Grievor believed that the investigation was unnecessary and harassing. He was unsuccessful in his request that the person who initiated the investigation against him be disciplined. In that process, however, he was told that he could have grieved the decision to initiate the Code of Conduct investigation.

Based on this information, the Grievor presented a grievance against the Respondent. Although the Respondent was not the person who initiated the investigation, the Grievor alleged that he was involved in the harassment and as well, he did not inform the Grievor that he had a right to grieve.

The Level I Adjudicator found that the Grievor did not abide by the statutory time limit and therefore denied the grievance.

The ERC found that since the conduct complained of was centred around the decision to initiate the Code of Conduct investigation against him, the present grievance was filed many months past the 30-day time limit. Furthermore, there were no circumstances justifying that the Commissioner of the RCMP extend the limit. The ERC therefore recommends that the Commissioner of the RCMP deny the grievance.

The ERC recommended that the Commissioner of the RCMP deny the grievance.

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

The Commissioner agreed with the ERC that members are expected to be aware of their rights under the Act, the Regulations, the Commissioner's Standing Orders, and policies which apply to them. Members cannot expect to be informed of their right to grieve, or have the time limits waived or extended because they were not told they could grieve a particular decision, act or omission.

The Commissioner agreed with the ERC that the grievance was presented well beyond the thirty day statutory time limit set out in the Act. Therefore, he denied the grievance.