Grievance Case Summary - G-567

While planning his retirement from the RCMP after roughly 20 years of service, the Grievor learned that his years of prior service in the Canadian military would not count in the calculation of his severance pay. This was so as he had already received a severance pay upon leaving the military. The Grievor grieved this decision.

The ERC observed that five types of grievances are referable to the ERC, in accordance with subsections 36(a) to (e) of the Royal Canadian Mounted Police Regulations, 1988. It found that the present grievance did not fall within the scope of subsections 36(b), (c), (d), or (e), as those subsections all deal with subjects which are not at issue.

The other type of referable grievance, described in subsection 36(a) of the Regulations, involves matters relating to “the Force's interpretation and application of government policies that apply to government departments and that have been made to apply to members”. The ERC found that the present grievance also fell outside the ambit of subsection 36(a), as it was not based on the Force's interpretation and application of a government policy made to apply to members. Rather, it was based on the Force's interpretation and application of its Administrative Manual on pay and allowances, which is strictly an internal RCMP policy. As neither party referenced a comparable, or otherwise relevant authority which fell within subsection 36(a), the grievance was not referable.

The grievance is not referable to the ERC. As a result, the ERC does not have the legal authority to review the matter or make a recommendation.

The Commissioner agreed that the grievance was not referable to the ERC and sent the grievance to the appropriate Level II decision maker.