The CF Grievance Process

A Brief Guide for CIC Officers

Grievance Basics
WHO MAY SUBMIT A GRIEVANCE?
Any Canadian Forces member, including CIC and COATS members.

WHAT CAN I GRIEVE?

Almost any action with a personal effect on you taken by the Canadian Forces that you believe is unjust or unfair. Common grievance topics include: Unfairness in Personnel Evaluation Reports (PERs) Unfair or discriminatory hiring processes, including those for Cadet Summer Training Unfair, improper, or abusive use of administrative measures (IC, RW, C&P) Errors in assignment of benefits, like Temporary Duty Pay Errors in coursing and course evaluation

HOW LONG DO I HAVE TO GRIEVE?

Only six months from the date of the situation you want to grieve. Ensure that you file your grievance

When you are treated unfairly by the Canadian Forces, the grievance process is your first line of defence.

as early as possible, to ensure that no deadlines are missed. An initial authority has sixty (60) days to decide on your grievance.

WHAT SHOULD MY GRIEVANCE SAY?

If you face unfair or improper treatment while employed by the Canadian Forces as a Canadian Forces member, you are entitled to file a complaint under the Canadian Forces Grievance Process. The Grievance Process is an entitlement open to all CF members, including CIC officers.

See the next page for a more thorough answer. Your grievance should, at minimum, say: What happened, when and where it happened, and who was responsible. Why you feel it was wrong. What you think should happen to fix the wrong.

The Grievance Process is a personal process. To use the Grievance Process effectively, you must act quickly to ensure your rights are protected.

WHERE DO I SEND MY GRIEVANCE?

Send your grievance through your normal chain of command. Your chain of command is responsible for getting it to the right person which will normally be the CO of your RCSU.

Canadian Forces authorities are not allowed to punish or otherwise adversely affect you for submitting a grievance. If they do, they can be subjected to disciplinary action or remedial measures.

WHO WILL DECIDE ON MY GRIEVANCE?

In almost all cases for COATS members, the grievance will be decided by the Initial Authority, who will be the CO of your RCSU. If you are dissatisfied with their decision, you can appeal to the Final Authority, and the Chief of Defence Staff will decide on your grievance. If you are dissatisfied with that decision, you may appeal to the Federal Court of Canada, and through the Canadian Court System.

The Grievance Process is a great way to ensure your rights, and to help ensure that the Canadian Forces is acting according to the first principle of

DO I NEED A LAWYER?
You do not need to hire a lawyer. However, depending on how complex your case might be, a lawyer or personal representative may be helpful in writing your grievance or advancing your case.

Disclaimer
This document has been prepared as an unofficial guide. For the Canadian Forces official policy, see DAOD 2017-1.

the Statement of Defence Ethics by respecting human dignity and the value of every person.

Is the Grievance Process Right for Me?

THERE MAY BE OTHER M ECHANISMS THAT ARE MORE TAILORED TO YOUR CASE
The Canadian Forces Grievance Process is not the only method of dealing with a serious legal breach by the Canadian Forces. There are other processes of which you should be aware. If you are a cadet, or otherwise not a CF member, you If you have been harassed, filing a harassment complaint may be your resolution. Remember: the submission of a grievance is generally If the Crown owes you money damages, you may need to make a claim against the Crown under DAOD 7004-0. required before you submit your complaint to a higher court or tribunal, such as the Federal Court of Canada or the Canadian Human Rights Commission. may not use the grievance process. If your complaint is against treatment by the Military Police, you need to complain to the Military Police Complaints Commission.

DAOD2017-1 GRIEVANCE PROCESS

The DAOD on the Grievance Process gives the nuts and bolts of how grievances are filed, managed, and decided upon. Every grievor should take the time to thoroughly read and understand this DAOD.

SHOULD I BOTHER S U B MI T T I N G A G R I E V A N C E ?
It is always best to ensure that decision-makers are held accountable for the decisions that they

What should my grievance contain?

A S H O R T G U I D E O N W H A T G O E S I N T O W R I T I N G A ME A N I N G F U L G R I E V A N C E
Your grievance should normally be laid out in the same format as a military memo. The headings below give an outline of the key things you might want to include:

C F M I L I T A R Y A D MI N I S T R A T I V E LAW MANUAL
This document is a grievors best friend. It outlines the legal requirement that the CF is under to uphold procedural fairness in all of its dealings, and provides chapters on a number of common matters grieved. A special chapter on grievances rounds out the usefulness of this tool.

make. You are never required to submit a grievance, but if you do not submit in a clear circumstance where you have been wronged, you send the message that decision-makers do

POLICY AND ANALYSIS (OPTIONAL)

Discuss the legal or policy implications of your grievance. You may wish to refer to the CF Remember Administrative Law Manual (see sidebar). procedurally fair in all of its actions.

FACTS
not need to follow CF policy or Canadian law. Ethically, submitting a grievance is often the right thing to do.

that the CF is under a general legal duty to be Your grievance should start with a statement of precisely what the facts are in your situation. Lay out the who, what, when, where, and why of the experience that led to the grievance. Do not leave out facts that do not benefit you, but rather explain them to the grievance authorities. State the conclusions that your analysis reaches. Specifically state why the action taken against you is unfair or improper.

CONCLUSIONS

ISSUES
State the issues your grievance brings up. For example: a) b) Does the fact that I never received a PDR make my PER unjustifiable? Does the fact that a full time senior officers wife was hired into the Class B position I applied for make the hiring process unfair? c) Is it unfair that I applied for a Class B position as a summer camp Commanding Officer, but HQ staff posted themselves into the position without a competition?

RELIEF REQUESTED
State specifically what you believe needs to be done to make your situation right.

CF GRIEVANCES REVIEW C O M MI T T E E W E B S I T E
This site provides summaries of historical cases, and links to other grievance resources. It is useful to review as you prepare your grievance.

SPELLING AND GRAMMAR

Remember: spelling and grammar make your grievance more readable, professional, and believable. There is nothing wrong with having someone proof your grievance.