Grievance Case Summary - G-693
G-693
This grievance concerned expenses related to an overweight move of Household Goods and Effects (HG&E) from one isolated post to another isolated post in 2012. The Relocation Advisor informed the Grievor of an overweight issue regarding his HG&E on July 16, 2012. However, on July 21, 2012, while packing his HG&E, the moving company informed him there was no weight issue and the Grievor therefore proceeded with the move without removing items from his HG&E.
On October 5, 2012, the Grievor received an invoice for the overweight move of his HG&E. On the same day, he contacted his Relocation Advisor who told him that she would look into the matter and get back to him. On February 6, 2013, the Relocation Advisor informed the Grievor that his HG&E were in fact overweight as they were weighed on a scale while in transit. The same day, the Grievor filed his grievance contesting that he reimburse the overweight expenses.
The Respondent raised the issue of timeliness, arguing that Grievor knew of the overweight issue on July 16, 2012 and did not respect the 30-day time limitation set forth in section 31(2)(a) of the RCMP Act. After inviting the parties to provide submissions, the Level I Adjudicator agreed with the Respondent and denied the grievance for being time-barred.
ERC Findings
The ERC found that the Grievor was not aggrieved on July 16, 2012 because he could act upon the information to remove items from his HG&E. The ERC further found that the Grievor was made aware of the overweight issue on October 5, 2012. However, as the Relocation Advisor told that the Grievor that she would look into the matter and get back to him, it created an expectation that a new decision would be forthcoming. The ERC lastly found that the Grievor became aggrieved on February 6, 2013 when the Relocation Advisor informed him that his HG&E were weighed and were indeed overweight.
ERC Recommendation
The ERC recommends that the Commissioner allow the grievance on the issue of timeliness and invite the parties to make submissions on the merits of the grievance.