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Post by Gravel Road Cop on Thu 02 May 2019, 18:03

The following was noted in the RCMP External Review Committee web site. Management wonders why moral is low. https://www.erc-cee.gc.ca/cnt/rsrcs/pblctns/cmmnq/2018-12-en.aspx

G-652 – Medical Discharge (summarized in the April – September 2018 Communiqué) The Respondent signed an Order that the Grievor be medically discharged from the RCMP. The Grievor grieved the Respondent's decision. Sadly, the Grievor passed away during the Level II process. The ERC found that, while the Grievor's death could potentially render the grievance moot, discretion should be exercised to hear the case, for two reasons. First, the determination of the date the Grievor's employment ceased may have pension and estate implications. Second, the matter raises the important issue that the RCMP's grievance process must be procedurally fair. The ERC recommended to the Commissioner of the RCMP that the grievance be allowed.
Commissioner of the RCMP Decision: The Commissioner's decision, as summarized by her office, is as follows:
The Grievor challenged the Respondent's decision to order the Grievor's medical discharge from the Force on the basis of a disability. Following unsuccessful attempts to obtain Level I submissions on the merits from the Grievor's Lawyer and the Grievor, the grievance was sent for adjudication. The Level I Adjudicator denied the grievance on its merits. At Level II, the Grievor argued that she was denied procedural fairness at Level I. Sadly, the Grievor passed away during the proceedings at Level II. The ERC exercised its discretion to hear the grievance on the basis of a potential financial impact to the Grievor's estate and the procedural fairness implications to the RCMP grievance process. The Commissioner found that the grievance was moot. The Commissioner did not exercise her discretion to decide the merits, given that there was no effective or practical remedy available. The Commissioner dismissed the grievance.

Gravel Road Cop
CSAT Member

Number of posts : 3
Location : Saskatchewan
Registration date : 2018-07-12

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