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Grievance Case Summary - G-643

G-643

Upon relocating from an isolated post, the Grievor learned, while the movers were packing his household good and effects (HHE), that his HHE would not be delivered to his home at his new post until two to three weeks after he was to take possession of his new home. He was also informed that he would not be entitled to the interim accommodations, meals and miscellaneous allowance (IAM&MA). The Grievor had furniture, a tractor and tools in long term storage (LTS). Those HHE were delivered the day after his arrival at his new residence. The Grievor tried to resolve the matter by explaining that his LTS did not contain HHE that would permit him and his wife to maintain a house. His LTS contained items that he had not needed for the last two years. The Respondent denied the Grievor’s claim for IAM&MA as the Grievor would receive the bulk (in weight) of his HHE that were in LTS. Therefore, he would no longer be necessarily separated from his HHE, as required by the Integrated Relocation Program (IRP). The Grievor grieved this decision.

ERC Findings

The ERC found that the Grievor was necessarily separated from a substantial portion of his HHE during the period between departing the isolated post until his HHE from that post were delivered, through no fault of his own. Therefore, the ERC found that the Grievor was entitled to IAM&MA pursuant to the 2007 IRP during that period and that the Respondent’s decision to deny IAM&MA was inconsistent with the provisions of the 2007 IRP. The Force’s argument that the Grievor had beds and appliances and could live in his new residence does not reflect the reality of the situation.

ERC Recommendation dated June 29, 2017

The ERC recommended that the Commissioner allow the grievance.

Commissioner of the RCMP Decision dated August 28, 2017

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

The Grievor challenged the Force’s refusal to reimburse him for the cost of interim accommodation, meals and the miscellaneous relocation allowance. The Grievor was transferred from an isolated post in Labrador where he had been living in a furnished Crown-owned residence. Within a few days of taking possession of his new residence, the Grievor received his household goods and effects that had been in long term storage for the past two years. The household goods and effects from his Labrador residence were not delivered until almost two weeks later. During this period, the Grievor and his wife stayed in a hotel. He had requested reimbursement of the cost of the interim accommodation but was denied as he had received the bulk of his household effects from long term storage.

Level I denied the grievance on the merits.

The Commissioner accepted the ERC’s recommendations and found that the Grievor was eligible for the reimbursement. The grievance is allowed.

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2022-07-07

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