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Redress of Grievance – Mega thread [MERGED]

Nomadfl

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Question # 1, Can you do a Redress of Grievance after retiring?

Question # 2, What is the time limit, if it is possible to Redress a Grievance
 
If you are already retired you cannot submit a redress.   The following is extracted from this: CFAO 19-32
RELEASE - EFFECT ON COMPLAINTS
8.      Because only an officer or NCM may seek redress, a member must
submit a complaint before the member's release from the Canadian
Forces (CF). However, a former member may, in respect of a
complaint submitted before the member's release, provide additional
information to the redress authority or, after derision by a
redress authority, request that the complaint be considered by the
next higher redress authority. Correspondence relating to a
complaint made by a member who is subsequently released will be
forwarded to the address provided by the former member.
 
http://www.cfga.forces.gc.ca/pubs/contact_e.asp

You can redress the day you are getting out, however once you are retired, that's it, no more chances. The redress process will go on regardless of whether you are in the forces or not. The new streamlined system is supposed to make things faster, with less Authorities in the chain, however often if the initial authority does not act favorably towards you and you pass your greivance up to the final authority (CDS or CF grievance board/adjudicator), you could be waiting quite a while. As in years. As for the time limit, well, you have up to six months, although I'd get started on it much before that if you can. Make sure you get the help of someone who is good at writting memos. A grievance needs to be well worded, and just as importantly, needs to remain respectful. Remember that it may end up in the hands of the CDS.

You cannot grieve after your release, but you can submit one on your last day if you so desire. Check the above link for more info, it's very straightforward and easy to read.

Hope this helps.
 
Actually, under certain certain circumstances, you can request a redress after release (if that grievance is about the circumstances of release). I know this, 'cause I did it... When CFGA agreed that my grievance could be heard, I thought "Hey, if you have to be a member to be able to file for redress, then they have just decided that I am a member, so I must have already won!" (my grievance was that I was released improperly)... Despite that, I lost, but the final decision was that my release was irregular, but still administratively OK... It took them 6 yrs to reach that decision!!! (It did make it all the way up to the CDS) In the end, because of the circumstances of my release (and some screw-ups on my grievance), I was told that I would be able to re-join the Primary Reserve without prejudice, meaning that, as of last week, I have in my hot little hands an offer that, even after all this time, I get to keep my rank and all qualifications and put on the uniform that some pencil-necked twit of a clerk took away from me because he was a lazy little **** (sorry, not the time for a rant...)

BTW, in spite of common usage, a soldier cannot "file a redress". What you are doing in that case is filing a request for redress of a grievance. You have a grievance, and you would like it redressed (solved in your favour). This is one of my pet peeves - improper use of the English language...
 
when i was doing my redress of grievance, i sent it may 25, it came back june 17, two days before i was suppose to be released, very fast turn around if you ask me...
 
Thanks guys, lot's of good buddys out there to help with information when needed. I am not a virgin when it comes to redresses, I have had 3, one was when my officer commanding gave me "loss of annual leave" as a punishment...overturned by the Comannding Officer of the unit, 2nd was when I redressed a medical order in the 60's to allow vasectomies, my major,and base admin. tried to laugh it off, when it went to the Base Commander, London, people got reprimanded for not processing it in due course. My Dental Officer, a major told the Base Commander, that he was a dental officer and he knew nothing about redresses. The Federal Cabinet made an Order in Council to change that medical order to allow vasectomies...ummm...maybe, I should have got a royalty payment for everyone done in the military. The 3rd and final one was when I redressed a full Col., my Commanding Officer over a travel claim. A temporary duty trip he had sent me on. It was for 2 weeks originally, at the higher rate of POMC, it lasted for 10 weeks, then he wanted to pay me only the lower rate. He took the redress personally, told me it would affect my career, which it did, he stalled the redress, had me austrized in the unit, forbid me to talk with anyone without his personal permission, sent me to Egypt in 74 on 4 days notice, took the other sgt. off the trip and inserted me to get rid of as a punishment. Well thank goodness there were good officers over there, I was attached to a Med Unit, Lt.Col Slavic passed the redress on to Gen. Holmes the Canadian Commander, and it was sent on to the CDS in Ottawa......My Col. in Montreal was told to pay the total claim......I won the battle.....but my career was screwed....would I do it again.....yes.....I got principles....never bag licked in my life.

Can a redress screw up your career.....yes....some people in authority have long memories and close friends at the same rank level......Maybe it's different in the Forces now...I don't know...I retired in 1980
 
I have read (several times) the pertinent info on filing a grievance, so if the format/makeup/composition of the grievance is there I have missed it.

Is it supposed to be in the form of a memo? Any ideas? 

Thanks in advance,

Spud
 
Memo format with supporting documentation.  At least that's what I used.  Haven't had a reply since Nov 06 when it was forwarded on to the next level (past my CO).  :-\
 
The first level grievance authority is always the unit CO; therefore, the document will remain within the unit and should be in the form of a memorandum.  At the IA level and beyond, it becomes service letter format.

In a nutshell, the format is basically:

a) what is being grieved
b) substantiation for why the matter is being grieved
c) requested steps to remedy the matter being grieved.
 
Mine was submitted in memo format to the CO, who forwarded it on to the next level with a service letter (composed by the CO, himself) attached. 
 
PMedMoe said:
Mine was submitted in memo format to the CO, who forwarded it on to the next level with a service letter (composed by the CO, himself) attached. 

Yup, that's right.  When the grievance analyst at the IA level finishes investigating your grievance, they'll send you a disclosure package, which includes their evaluation of the grievance and recommendations.  You'll then have 30 days to make additional comment (in service letter form, because it's sent directly to the IA) before the whole package is sent for adjudication by the IA.
 
284_226 said:
Yup, that's right.  When the grievance analyst at the IA level finishes investigating your grievance, they'll send you a disclosure package, which includes their evaluation of the grievance and recommendations.  You'll then have 30 days to make additional comment (in service letter form, because it's sent directly to the IA) before the whole package is sent for adjudication by the IA.

PMedMoe and 284_226, thank you for the info, it's a big help.

Spud
 
284_226 said:
Yup, that's right.  When the grievance analyst at the IA level finishes investigating your grievance, they'll send you a disclosure package, which includes their evaluation of the grievance and recommendations.  You'll then have 30 days to make additional comment (in service letter form, because it's sent directly to the IA) before the whole package is sent for adjudication by the IA.

http://www.cfga.forces.gc.ca/pubs/griev_instruments/manual_e.asp

284-226..........

Disclosure means first ensuring the Grievor receives a copy of the written information that the deciding authority will use to make the decision.

Disclosure will be done when there is additional information that has been obtained from other sources which the grievor has not seen or had a chance to comment on.  If Cpl Bloggins submits a grievance about such and such a thing having been done to him and that this is contrary to regulation such and such........ then there is really no need for disclosure.

which includes their evaluation of the grievance and recommendations.... NO!

Of the 25-30 odd grievances I have handled in the last year.... only truly had to do disclosures once.
 
geo said:
http://www.cfga.forces.gc.ca/pubs/griev_instruments/manual_e.asp

284-226..........

Disclosure means first ensuring the Grievor receives a copy of the written information that the deciding authority will use to make the decision.

Disclosure will be done when there is additional information that has been obtained from other sources which the grievor has not seen or had a chance to comment on.  If Cpl Bloggins submits a grievance about such and such a thing having been done to him and that this is contrary to regulation such and such........ then there is really no need for disclosure.

Yes, there is.  At the IA level of most grievances, and at the CDS level (DGCFGA), the investigation isn't done by the actual adjudicator...there are analysts that do the investigation.  They'll seek additional information as required, and make a recommendation based on all the information found.  The additional information and the recommendation are then disclosed to the grievor, who can then address anything disclosed.  That gets sent back to the IA/FA, and one of two things happens.  It gets further investigation, with additional disclosure and opportunity for comment by the grievor, or it gets passed to the adjudicator for decision.

which includes their evaluation of the grievance and recommendations.... NO!

Every IA/FA grievance I've dealt with (as both a grievor and as an assisting member) has followed this path under the streamlined grievance process, including the one sitting in front of me that's at CDS level.  I just finished making comment on the grievance analyst's investigation and recommendations to the FA.  I suspect that the grievance analyst will have additional commentary, which will be sent back to me again for further comment - and round and round we go until neither of us has anything to add, at which point it goes to the adjudicator.

Of the 25-30 odd grievances I have handled in the last year.... only truly had to do disclosures once.

Were they all at the CO's level?
 
nope........ if you refer to my profile
 
geo said:
nope........ if you refer to my profile

Well, all I can tell you is what's supposed to happen.  Whether it does or not where you work is a whole 'nother question.

Is there something I'm supposed to see in your profile, other than the fact that you've had three MOCs and have 35 years service?
 
284_226 said:
Well, all I can tell you is what's supposed to happen.  Whether it does or not where you work is a whole 'nother question.

Is there something I'm supposed to see in your profile, other than the fact that you've had three MOCs and have 35 years service?

Umm maybe where he works.
 
Danjanou said:
Umm maybe where he works.

I still don't see a connection here.  He works at LFQA HQ.

According to http://www.agfc.forces.gc.ca/pubs/griev_instruments/manual_e.asp, the IAs are determined by the table at para 14:

Career Administration - DGMC
PER - DGMC
Posting - DGMC
Promotion - DGMC
Release - DGMC
Financial Benefits - DGCB
Medical/Dental - DGHS
Training - Relevant ECS (Environmental Chief of Staff)

....and I don't believe any of those officers hang their hat at LFQA HQ.  LFQA HQ is not even in the "chain" under the streamlined grievance process.
 
you forget....
where DMCARM does it for the Regs, the area comander will be an IA in the case of reservists.
 
geo said:
you forget....
where DMCARM does it for the Regs, the area comander will be an IA in the case of reservists.

You may well be correct.  There are 4 major IAs, and 47 minor IAs - and I have to assume that some of them are area commanders for reservists.  In the context of the discussion, however, you dismissed the notion that analysts investigate and make recommendations to the IA/FA, when your experience in the matter is limited to how the reservists handle grievances.

In any event, the vast majority of Reg Force grievances that go to the IA/FA level end up going before an analyst, who will carry out an investigation and make disclosure of any new evidence found, as well as their recommendations to the IA/FA.  It may well be that the structure of the reserves allows an individual to be both analyst and adjudicator, but it just doesn't work that way for the Reg Force.
 
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