Redress of Grievance – Mega thread [MERGED]

[Navy_Pete]

Having gone through this recently, the best approach for this is to show why you think you've earned higher dot scores with specific examples.  Had a few guys come with concrete reasons for specific points, was able to take it through to the XO/CO and get the changes made pretty easily.  And that was all via the informal route.

There was some give and take, but generally it was pretty fair, so no grievances resulted.

The thing I always tried to emphasize as a supervisor was that folks got a fair and impartial assessment, which is what we based the score/narrative on, but it's easy enough when you are going through 40+ of them in a month to forget about something that happened near the start of the year.

 

[Mediman14]

When completing an Notice of Intent to Grieve - How much detail should be included vs a memo? I have searched DWAN, etc, never saw an example of an NOI.

Thanks

 

[ModlrMike]

It really depends upon you, but brevity and specifics are usually sufficient. You should allow the addressee sufficient information to look at the case, without tipping your hand in advance.

IE: This memo serves as my intent to grieve the annual PER dated 31 Apr 17.

 

[NavyShooter]

It really depends upon you, but brevity and specifics are usually sufficient. You should allow the addressee sufficient information to look at the case, without tipping your hand in advance.

IE: This memo serves as my intent to grieve the annual PER dated 31 Apr 17.

I'd grieve a PER dated 31 April 17 as well....

;-)

 

[TCM621]

Very short and to the point as said above just what you intend to grieve and why.

 

[Pusser]

It's also worth noting that you don't actually have to submit a notice of intent to grieve.  You can just submit the grievance if you're ready.  However, if you would like to have an assisting officer appointed to help you, the NOI could be used to state that.

 

[Eye In The Sky]

It's also worth noting that you don't actually have to submit a notice of intent to grieve.  You can just submit the grievance if you're ready.  However, if you would like to have an assisting officer member appointed to help you, the NOI could be used to state that.

AO and AM...different functions.  I am an AM but wouldn't be an AO, for example, IAW current policy.  Also, submission of the NOI is supposed to trigger the assignment of the Assisting Member automatically. 

Assisting Officer: 

108.03 – DEFINITIONS

In this chapter, "assisting officer" (officier désigné pour aider l'accusé)means an officer or a non-commissioned member who has been appointed to assist an accused pursuant to article 108.14 (Assistance to Accused)

108.14 – ASSISTANCE TO ACCUSED

(1) As soon as possible after a charge has been laid (see article 107.015 – Meaning of "Charge"), an officer or, in exceptional circumstances, a non-commissioned member above the rank of sergeant shall be appointed by or under the authority of the commanding officer to assist the accused.

DAOD 2017-1 Military Grievance Process

Management of the Grievance Process

2.6 The CFGA is responsible for managing the entire grievance process and ensuring associated direction is implemented. Key functions of the CFGA include:
c.the management of training for grievance analysts and assisting members.

Submitting a Grievance

5.3 In order to ensure the efficient administration of a grievance, a grievor:
a.should consider requesting an assisting member prior to submitting their grievance;

Duties on Receipt of a Grievance

6.2 Upon receipt of a grievance, and in accordance with QR&O article 7.09, Commanding Officer’s Duties on Receipt of Grievance, the CO must:
d.assign an assisting member in accordance with QR&O article 7.07, Duty to Assign Officer or Non-Commissioned Member to Assist.

QR & O, Vol 1, Ch 7, Art 7.07

7.07 - DUTY TO ASSIGN OFFICER OR NON-COMMISSIONED MEMBER TO ASSIST

(1) Subject to paragraph (2), the commanding officer of an officer or non-commissioned member who submits a grievance or gives notice of their intent to grieve shall assign without delay an officer or a non-commissioned member of the rank of sergeant or above to assist the grievor.

 

[TCM621]

I would suggest any supervisor acquaint themselves with DOAD 2017 and 2017—1. That reference spells out the rights and responsibilities very good.

For anyone over the rank of Sgt, I would suggest the grievance assisting member course on AFile. Besides being able to better support your troops, you will have a good knowledge of the system and can assist your peers and supervisors who aren't familiar with the system.

 

[Mediman14]

This question may already be posted, but I am on my phone away from home and this thing is slow! Can a CO be an IA (Initial Authority) if the CO was apart of the decision process that one is grieving? Wouldn't the CO be considered as being biased?

 

[kratz]

DAOD 2017-0: Military Grievances

It's important to note: the Canadian Armed Forces Grievance System (CAFGS) are the SME for grievances.

From the reference:

CO of a grievor:  act under QR&O subparagraph 7.14(1)(a) as the IA in respect of a grievance if the CO can grant the redress sought.

For the detailed process, follow DAOD 2017-1, para 9

9. Duties of an Initial Authority

Who May Act as the IA in Respect of a Grievance

9.1 In accordance with QR&O subparagraph 7.14(1)(a), a CO may act as an IA if the CO can grant the redress sought by the grievor. In accordance with QR&O subparagraph 7.14(1)(b), a commander or CAF officer appointed to the position of Director General or above at National Defence Headquarters (NDHQ), who is responsible for dealing with the matter that is the subject of a grievance, may also act as the IA. However, an IA acting under QR&O subparagraph 7.14(1)(b) who requires additional authority to grant some aspect of the appropriate redress must seek it from the appropriate officer prior to determining the grievance.

Grievance Relating to Personal Decision, Act or Omission

9.2 In accordance with QR&O paragraph 7.14(2), if the grievance relates to a decision, act or omission of the proposed IA, that officer must refer the grievance to the next superior officer having the responsibility to deal with the matter that is the subject of the grievance. This next superior officer will be the IA. An IA who believes in any other circumstance that actual or perceived bias may affect their ability to act must seek advice from the CFGA.

***Edit: to add the DAOD 2017-1 quote.

 

[Mediman14]

Can one Grievance a Policy? Especially if it a very vague Policy?

 

[kev994]

I believe you would need to grieve the result of the policy. Ie you can’t grieve a local breakfast claim policy until you are denied a claim for breakfast that you believe you are entitled to. You would then grieve the claim and point out that the TD orders say xxx

 

[Pusser]

Can one Grievance a Policy? Especially if it a very vague Policy?

It largely depends on what you mean by policy.  Are you talking about a regulation or a local commander's direction?  A regulation is difficult to grieve unless you can show that it is inherently unfair, but even then, the government is allowed to make regulations that may seem unfair to some people.  For example, I once dealt with a case where the member listed all of the personal hardships his family had suffered on a posting in support of his grievance over the denial of a posting allowance.  The simple reality though was that he did not qualify for a posting allowance (had not yet achieved career status), so the "unfairness" of the policy was irrelevant.

The best way to win a policy grievance is if you can show that the policy is not being applied or interpreted correctly in your case, or that even if the policy is being applied correctly, your particular case warrants an exemption in order to ensure that you are not disadvantaged in comparison to your peers.

Here's an example of a policy grievance that I won.  Under the foreign service directives (FSD), the Crown is required to ensure that a dependant receives pretty much the same level of education on an overseas posting as they would receive in Ottawa.  The  FSD specifically states four school boards for comparison, one of which is the Ottawa Carleton District School Board (OCDSB).  While my son was attending an OCDSB school, he was issued a laptop computer for his exclusive use, by the Board, at no cost to me, as part of his Individual Education Plan (IEP).  There is a directorate at NDHQ called Children's Education Management (CEM) that oversees dependant education and they have an approval process for overseas schools.  My son was enrolled in an approved school; however, one of the conditions of his acceptance at the school was that he needed to update his IEP (which involved consultation with a specialist).  The specialist and the new IEP recommended my son have a laptop computer for his exclusive use.  The difference was that his overseas school did not issue computers, so I bought one and submitted a claim.  The claim was immediately denied, because the FSD clearly states that computers are not an allowable expense.  I argued that the paragraph where that is laid out is clearly intended for extracurricular activities as it included things like yearbooks, sports uniforms, etc.  I also pointed out that the FSD specifically states that education standards comparable to the OCDSB (the school system my son had just come from) must be maintained and that the OCDSB had in fact, provided a computer to my son free of charge.  Nevertheless, CEM denied the claim and I grieved it.  Using the same arguments I had already detailed to CEM, I won my grievance and was fully reimbursed for the computer (although I did have to turn it in to the IT folks at my support unit when it came time to come home).

 

[Eye In The Sky]

Can one Grievance a Policy? Especially if it a very vague Policy?

QR & O, Vol 1, Chap 7

Section 1 - General

7.01 - RIGHT TO GRIEVE

Subsection 29(1) of the National Defence Act provides:


"29. (1) An officer or non-commissioned member who has been aggrieved by any decision, act or omission in the administration of the affairs of the Canadian Forces for which no other process for redress is provided under this Act is entitled to submit a grievance."

(G) [7.01: repealed by P.C. 2014-0575 effective 1 June 2014]

(C) [1 June 2014]

NOTE

The decision, act or omission which aggrieves an officer or non-commissioned member may include an Act, regulation or policy which governs their conditions of service, even if the authority to amend that instrument or to provide the redress sought by the grievor lies outside the Canadian Forces.

(C) [1 June 2014]

 

[Eye In The Sky]

DAOD 2017-0: Military Grievances

It's important to note: the Canadian Armed Forces Grievance System (CAFGS) are the SME for grievances.

From the reference:
For the detailed process, follow DAOD 2017-1, para 9

***Edit: to add the DAOD 2017-1 quote.

Just to add, a piece from the DAOD (Section 6) as well for amplification...

6. Duties of a Commanding Officer

Examination of a Grievance to Identify the Appropriate IA

6.3 In accordance with QR&O subparagraph 7.14(1)(a), Officers Who May Act as Initial Authority in Respect of Grievance, a CO may act as the IA if the CO can grant the redress sought by the grievor. However, if the grievance relates to the decision, act or omission of the CO or if the CO cannot grant the redress sought by the grievor, the CO cannot act as the IA. In these circumstances, the CO must ensure that the grievance is referred to the next superior officer who is responsible for dealing with the matter that is the subject of the grievance (see section 8 of this DAOD).
----------------------------------------
If someone was looking for informal resolution before going the formal grievance route, this is also something worth considering along with the Notice of Intent...From QR & O, Vol 1, Chap 7.  Kind of like low level, informal representation after disclosure (decision being given to you that you aren't happy with).

7.04 - ORAL COMPLAINT

The right to grieve does not preclude an officer or non-commissioned member from making an oral complaint to their commanding officer before submitting a grievance.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2014-0575 effective 1 June 2014]