Redress of Grievance – Mega thread [MERGED]

[PMedMoe]

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.

Is there supposed to be some point where I am notified it has been received at the next level?  I was told it was hand delivered (mid-November) but for all I know it could be sitting at the bottom of somebody's In basket.  I checked with the grievance process on line and they only have receipt from my CO (which I also have), nothing further.  Unfortunately, I am in Borden on course, and unable to make inquiries in person.  I emailed my supervisor and asked him to check with the CO (or DCO, if necessary).  Guess I just have to wait... :

 

[284_226]

Is there supposed to be some point where I am notified it has been received at the next level?  I was told it was hand delivered (mid-November) but for all I know it could be sitting at the bottom of somebody's In basket.  I checked with the grievance process on line and they only have receipt from my CO (which I also have), nothing further.  Unfortunately, I am in Borden on course, and unable to make inquiries in person.  I emailed my supervisor and asked him to check with the CO (or DCO, if necessary).  Guess I just have to wait... :

You're supposed to get an "Acknowledgement of Receipt" from the IA as soon as it arrives at the IA's office.  From the Grievance Manual:

16. Once received, the IA formally, in writing, acknowledges the date of receipt of the grievance to the Grievor. If the IA is not the CO of the Grievor, this acknowledgement is sent to the Grievor through the Grievor’s CO.

The written notification could be sitting at your CO's office, awaiting your return from course.  However, since the time limits are so strict on the grievance process now, I would expect that your CO would have made an attempt to notify you, even in your absence from the unit.  Inquiring about it is probably a good idea at this point...

 

[geo]

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.

Huh?.....
DMCARM does not do very much for reservists (at present) though that is liable to change

Submitted by the individual to his CO, the CO will either act on the grievance if he has the power to reverse a decision taken by one of his subordinates... else it is passed on to the next Commander - who should be in a position to reverse the decision being grieved... either the Bde CCmdt or the Area GCmdt...
The GCmdt will pass grievance to the analyst (me) who will review, determine exactly what has been done and what the grievor wants to have done.  We determine the appropriate  rules & regs that apply, if & when necessary, obtain statements from other involved parties (requiring disclosure & oportunitoy for observations here).
Grievance file is analysed and recommedations made to resolve for / against the grievor - submitted to the GCmdt for decision.

The analysis file isn't sent to the grievor though...

The decision is signed off & forwarded to the Grievor (thru his CO), his CO and the appropriate authorities for action.  CO is supposed to explain the decision to the individual - the grievor signs off on having received the decision - after which he can appeal the decision to (DGAGFC )the director general for grievances.

 

[geo]

Since last August (Aug 06) all grievances submitted (regardless of IA) is supposed to be registered with the Director General CF grievance authority

CO has 10 days to receive and forward to IA
IA has 14 days to acknowledge receipt & effect disclosure of documents that may come up and upon which the grievor has not had the chance to comment on - but will be used in making decision. 
Once a possible IA has received & reviewed the grievance, he must obtain a unique number from the Director general for grievances.
IA has 60 days to receive process and decide on grievance - else he has to request an extension... (could be +/- 60 day slices - depending on complexity of greivance & time required for disclosures & observations)
Once the IA has issued his decision, the grievor has 90 days to appeal the decision to the Final authority (DGCFGA).... but once the grievance gets there.... there is no time limit.  I have seen decisions come back after 1, 2 and 3 years - ya gotta be patient & you might as well permit the IA to do his thing.

 

[284_226]

Huh?.....
DMCARM does not do very much for reservists (at present) though that is liable to change

I didn't claim they did.  I just wasn't aware that reservists were a factor in the discussion.

Submitted by the individual to his CO, the CO will either act on the grievance if he has the power to reverse a decision taken by one of his subordinates... else it is passed on to the next Commander - who should be in a position to reverse the decision being grieved... either the Bde CCmdt or the Area GCmdt...
The GCmdt will pass grievance to the analyst (me) who will review, determine exactly what has been done and what the grievor wants to have done.  We determine the appropriate  rules & regs that apply, if & when necessary, obtain statements from other involved parties (requiring disclosure & oportunitoy for observations here).
Grievance file is analysed and recommedations made to resolve for / against the grievor - submitted to the GCmdt for decision.

The analysis file isn't sent to the grievor though...

Now there's where things may differ between regs and reserves.  I know firsthand that DMCARM and DGCFGA are disclosing grievance analyses, as I've currently got a 30-odd page analysis here on my desk to which I just sent a response.

 

[geo]

ok...........

I have also seen a number of decisions coming out from DGCFGA (FA) ... no analysis file being sent to the individual ... but will take your word for it.

Note that, even if we did send the analysis to the individual, wouldn't make much of a difference in the end product - though it would make it virtually impossible to close 'er up in 60 days...

(BTW - have you ever seen a serious grievance get settled in 60 days?...)

 

[284_226]

I've never seen any grievance solved in under 60 days.  If it's gone to paper, it's six months at least  ;D

 

[kratz]

Thank you to both of you (284_226  & geo) on this discussion. I have seen part of the grievance process in action and could not put all the parts together. I am not involved in one nor is anyone that I know. The knowledge on how the process actually works between the levels and groups (RegF & ResF) reduces the misinformation that flies through the lower decks.

 

[404SqnAVSTeach]

Good morning, I am looking for a template for a memo that I have to draft to my CO.  I have read the proper Admin Orders but I cannot find the type of info I will need to gather for my redress or what should be on the memo.

Thank you in advance
-M- 

 

[ModlrMike]

My suggestion is to write it like a standard memo. Start with the first paragraph stating your intent. The second and succeeding paragraphs should itemize each point you wish to contend. The last paragraph should state the resolution you desire. Write it up and then find the person you want as an assisting officer to help you polish it before submission to the CO.

 

[404SqnAVSTeach]

Thank you. 

 

[armyvern]

Thank you. 

Here's one laid out for you:

http://forums.army.ca/forums/threads/34891/post-275373.html#msg275373

PROTECTED B (1st line of page)

Memorandum

5230-1 (XXX Pers)  (note XXX = your last 3/the file # is correct)

XX Sep 05

Commandant

REDRESS OF GRIEVANCE FY 2004 ANNUAL PERFORMANCE
EVALUATION REPORT XXX CPL BLOGGINS DATED XX MAY 04 (Bold font) (or Regular font with the bottom line underlined)

Refs:  a. Memorandum 5225-4 (Unit CO)
          b. CFPAS DAOD
          c. CF Grievance Manual Jun 2000
          d. CFAO 19-32
          e. Memorandum 1180-1 (XXX Pers)
          f.  Commander's Commendation dated XX Mar 04 
 
1.    At this time, I XXX Cpl JD Bloggins, submit a Redress of Grievance pertaining to subj annual PER IAW refs b, c and d.

2.    I am convinced that the above-mentioned evaluation report, in no way, accurately reflects neither my performance nor my potential for the reported period. As outlined at ref a, Unit CO directed that all memos and Letters of Appreciation were to be taken into account during the preparation of all PERs for personnel for FY 04. In contradiction to to ref a, my PER is inaccurate in that:

        a.  I have been awarded a Performance Factor 11 (Written Communication) Score
        of "NI' despite  the fact that I recd ref e Memorandum from the Base Comd recognizing
        my outstanding written  communication abilities while employed as the Base Routine
        Order Writer etc etc;

        b.  I have been awarded a score of "N" in Potential Factor 6 (Dedication) despite the
        presentation of ref f Commander's Commendation for outstanding dedication to my
        community, trade and the CF as a whole; and

        c.  No mention of refs e and f are made in the "new qualification and skills" section of 
        subj PER despite directives at ref a stating that these were to be included.

3.    In closing, I ask that all draft copies and other applicable paperwork used by my supervisor in preparing this PER be retained on file until the conclusion of my redress process.

4.    For your consideration, Sir.
(5 spaces)
JD Bloggins
Cpl
IC POL
2345

PROTECTED B (last line from the bottom of your page)

 

[BC Old Guy]

Make certain that you are clear on what your grievance is about - it should be something that has in your opinion harmed your or caused an injustice.

Also, make certain you detail what redress you want - how to address the harm / injustice  that has been done to you.

 

[404SqnAVSTeach]

Thanks you very much guys.  I've more info here in less than a week, than I have here in over a couple months.

Very appreciated
-M-

 

[armyvern]

Do NOT forget to request an Assisting Officer if one is not offered up to you. Many people are unaware that they can have one assigned in a Redress of Grievance situation.

You are also allowed the AO of your choice, if that particular individual is willing, available, and uninvolved in the circumstances of the Grievance.

 

[pte4life]

I cant seem to find the CF Grievance Manual. Is it an annex in a daod, or qr&o? I've searched google, and CF sites, but i cant find a link or the document itself.

Thank you for your help!

 

[RHFC_piper]

I cant seem to find the CF Grievance Manual. Is it an annex in a daod, or qr&o? I've searched google, and CF sites, but i cant find a link or the document itself.

Thank you for your help!

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

 

[pte4life]

Awesome, thank you very much!

 

[pte4life]

After reading the first page in the manual, it states :

"Officers and non-commissioned members of the CF who believe they have been aggrieved by a decision, act or omission in the administration of the affairs of the CF for which no other process for redress is provided under the NDA, and that is not specifically precluded in the NDA or QR&O, have the right to submit a grievance."

Is there a difference between a redress and a grievance? If there is i would imagine that a redress is a less aggressive approach. I'm simply redressing/ grieving a PER that left out several of my courses and training details for the last Fiscal Year. I've referenced the grievance memo template, is this the course of action i should be taking. I dont want to upset anyone, only have an accurate PER.

Thanks again!

 

[Edward Campbell]

"Grievance" ought to be self explanatory; when you feel someone has done something which has, unfairly, caused problems for you then you may have a grievance; you are the aggrieved party.

Redress (which can be a verb or a noun) is the act of providing relief or satisfaction or the satisfactory outcome, itself. In fact, redress need not be 100% satisfactory (in your view) - redress might involve nothing more than a good explanation of why you were not unfairly harmed.

Does that help?