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This is the combined 2011 and 2012 annual report on the state of the Canadian Forces Grievance System (CFGS). It aims to inform Canadian Armed Forces (CAF) members and the chain of command of the ability of the CFGS to fulfill its mandate: to ensure that CAF members who have been aggrieved have the op-portunity to exercise their right to submit a grievance and receive a well-explained, timely, reasonable, and impartial determination of the grievance. This report provides a synopsis of the grievance portfolio, identifies significant lessons learned, reports on the progress of key initiatives, and reminds us of our responsibility to act fairly. As the CFGS becomes increasingly connected, our situational awareness of the health of the grievance portfolio increases and with it, our ability to make informed decisions on future initiatives designed to bring us closer to our objectives.
In 2011 and 2012, Director General Canadian Forces Grievance Authority (DGCFGA) administered the CFGS while advancing initiatives endorsed by the Armed Forces Council and assisted me in the analysis and determination (adjudication) of grievances. The progress made to date has greatly aided both CAF members and the chain of command to better understand their role in the CFGS. I am confident that once these key initiatives have been fully imple-mented, the CFGS will be more robust and more responsive to the needs of our members. The Grievance Authority websites (both on the Defence Wide Area Network and on the Internet) are excellent tools and have received accolades for their ease of use and excellent content (procedures, administrative checklists, references, etc). The Defence Administrative Orders and Directives 2017 series, issued in December 2011, provides clarity and clear expectations for all stake-holders in the grievance system. It must be understood by Command Teams throughout our institution.
I have chosen to highlight a special theme in this report: procedural fairness. Procedural fairness is the duty to act fairly– an important tenet of leadership. Specifically, procedural fairness is comprised of these four principles: disclo-sure, representation, unbiased decision and explanation. I am certain that as we strengthen the operationalization of this doctrine within our military culture, many of the grievances that arise today will be eliminated. I expect all CAF leaders to act fairly when exercising their respective decision-making powers.
Finally, those who fill the role of an initial authority must understand the im-portance of making reasonable, timely, well-explained, impartial and transpar-ent decisions. This chain of command responsibility is a fundamental tenet of our profession.
Tom Lawson, General
Index
The Grievance Portfolio - Part 1
Update on Key Initiatives – Part 2
Key Lesson Learned - Procedural Fairness – What is it? - Part 3
Frequently Asked Questions – Part 4
Vision
An integrated, comprehensive,
efficient and effective complaint
resolution system responsive to
CAF members.
General Tom Lawson
Chief of the Defence Staff
Canadian Forces Grievance System Combined 2011 and 2012 Annual Report
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PART 1 – THE GRIEVANCE PORTFOLIO
This is the second year that
DGCFGA has been able to include
information about grievances at the
IA level.
In 2011, IAs adjudicated a total of
676 grievances.
Grievances received at the
IA level 938
Grievances resolved at the
IA level 2 676
2011 Grievances adjudicated
Grant 109
Partial grant 85
Deny 271
Informal resolutions 110
Withdrawals 52
…
In 2012, IAs adjudicated a total of
689 grievances.
Grievances received at the
IA level 922
Grievances resolved at the
IA level 2 677
2012 Grievances adjudicated
Grant 106
Partial grant 108
Deny 255
Informal resolutions 102
Withdrawals 69
2 The difference between the two numbers
accounts for grievances that remained at
the IA level for decision or were referred to
the FA level without an IA‐level decision.
2012 saw a similar number of grievances registered as in 2010 and 2011.
2007 2008 2009 2010 2011 2012
724 614 732 963 938 922
Number of grievance registrations in the year
Grievances at the Initial
Authority Level (IA)
The average time to decision Final Authority (FA) level graph below represents a comparison
of the average time required for a grievance submission from the date that it is received at the
FA level until a final decision in reached at the FA level (exit point). This comparison examines
the early CFGS with the current CFGS. In the graph below, the time required for a grievance to
complete the full FA decision cycle has progressively decreased since 2004. CDS’s goal is to
reduce the time to resolve a grievance within 12 months for all grievances measured from
when a member submits a grievance to their CO to a final decision. Furthermore, when a
member decides to forward their grievance to the Final Authority, the goal is to render a deci‐
sion within six months.
How Responsive Is the Grievance System?
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The above table represents the average time for grievance submissions active at the IA level during the 2011‐2012 period and
grouped by Level 1 organizations within the Canadian Armed Forces. The graph is divided in 3 time periods. The first group (green)
is considered an acceptable time frame in which a grievance is reviewed and adjudicated, the second (orange) is a time frame that
is considered problematic, the last (red) is considered an unacceptable delay in the adjudication process in view of the spirit and
intent of timelines enunciated in Chap 7 of the QR&Os and current DAODs which apply to CF grievance submissions. The number
of days reflects the amount of time a grievance remained/remains with the IA during the calendar year. In accordance with article
7.07 (Duties of Initial Grievance Authority) of the Queen’s Regulations and Orders (QR&O), the IA has sixty days to render a decision
on a grievance.
L1 Principals/Commands must strive for that objective and have in place measures to maintain awareness of their grievance portfo‐
lio. The information presented in this table is regularly briefed at Armed Forces Council. Starting this year (2013), L1s/Commanders
will also receive a semi‐annual letter that will include updated figures and a brief trend analysis. As IAs and Commanders of a Com‐
mand now have awareness of their portfolios through various means (e.g., the Annual Report, semi‐annual letters, the IA Portal on
the DGCFGA website), IAs are expected to manage their portfolios more proactively and responsibly. IAs are also reminded that in
their acknowledgement letters to grievors, they must provide an estimated date by which the grievance will be adjudicated. The
use of standard extension requests (e.g., three or six months) is discouraged.
How Responsive Is the Grievance System?
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3
Initial Authority
Determinations by Human Resources Process
Grievances at the Final Authority Level
In 2011, DGCFGA staff assisted the FA in determining 237 grievances, a small increase
from 2010. Overall, DGCFGA received 326 grievances, 89 of which remained in the queue
at the end of the calendar year. In 2011, the FA received 89 grievances that did not have
an IA decision. This number is up significantly from 2010. A number of grievors, unsatis‐
fied with the delay experienced at the IA level, are requesting that their grievance be for‐
warded to the FA for adjudication without an IA decision.
In 2012, DGCFGA staff assisted the FA in determining 174 grievance submissions. This is
lower than previous years. Considering the number of “late” grievances at the IA level, the
number of grievances at the FA level is expected to increase over the next few years.
Final Authority Determinations
2011
Grant 29
Partial grant 57
Deny 88
Informal resolutions 11
Withdrawals 33
Rejections 20
2012
Grant 33
Partial grant 43
Deny 53
Informal resolutions 9
Withdrawals 15
Rejections 21
3 Career Management includes performance appraisals, release, professional accreditation, promotions,
and postings. Conduct and Performance includes career action, disciplinary action, Ombudsman, honours
and awards, human rights, dress and comportment, and harassment. Compensation and Benefits includes
allowances, pay recovery, relocation expenses, foreign service, leave, superannuation, and pay.
The above graph represents the number of grievances at the IA level adjudicated in 2011 and
2012 grouped by HR process category. The relative proportions of grievances within these HR
processes are consistent with previous years.
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Grievances at the Final Authority Level (cont.)
The graph above represents the number of grievances at the FA level adjudicated in 2011 and 2012 grouped by HR
process category. The relative proportions of grievances within these HR processes are consistent with previous years.
Final Authority Determinations by Human Resources Process
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PART 2 – UPDATE ON KEY INITIATIVES For the last four years, DGCFGA has used the
Annual Report as a mechanism to update CF
members on ongoing initiatives within the
grievance system. This year continues this
tradition.
Integrated Conflict Management
The Integrated Conflict Management Work‐
ing Group (ICM WG) was established in the
fall of 2011 by the Vice Chief of the Defence
Staff (VCDS) and the Chief of Military Person‐
nel to conduct a holistic review of conflict
management mechanisms available to CF
members. The ICM WG is also exploring op‐
portunities to create an integrated model
that is more efficient, comprehensive, and
collaborative. The overall goal is to develop a
simplified, integrated conflict management
system and a standardized process that is
responsive and trusted by CF members and
the chain of command.
The ICM WG initiated a business process
redesign (BPR) (i.e., re‐engineering) of key
components of the conflict management
system in the CF. It applied this systematic
review to the military grievance, harassment
complaint and informal conflict manage‐
ment or alternate dispute resolution sys‐
tems, mapping out how the three independ‐
ent systems currently operate.
The BPR team conducted a root cause analy‐
sis and identified the origin of issues cur‐
rently associated with the CF’s conflict man‐
agement processes, not the least of which is
that these processes operate independently
Adopting a Principled Approach for
Referring Grievances to the Canadian
Forces Grievance Board
In 2011, DGCFGA and the Canadian
Forces Grievance Board (CFGB) con‐
ducted a trial of the principled ap‐
proach. Under this approach, every
grievor is entitled to an external re‐
view of their grievance. During the
trial, a number of grievances were
sent to the CFGB for independent find‐
ings and recommendations.
The data from the trial has been col‐
lected and a recommendation with
regard to the principled approach will
be forthcoming in 2013.
Grievance Status
The DGCFGA website now hosts a “My
Grievance Status” navigation button.
By clicking on this button, members
will be able to access a screen where
they will be required to enter a griev‐
ance registration number. Once the
number has been entered, the griev‐
ance registry will be searched and up‐
to‐date information on where the
member’s grievance is in the process
will appear. This system only works
when a grievance registration number
is keyed in. If a member has a griev‐
ance in the system and has not re‐
ceived a registration number, they
should contact their chain of
under different chains of command. In mapping
out the three processes, the team was able to as‐
certain from the clients’ perspective such variables
as the number of steps associated with each proc‐
ess, at which point decisions had to be made, the
wait times between steps, which steps added
value and which did not, and what was repetitive
or unnecessary, thus allowing the team to identify
where the overall value was in these processes.
The BPR team was then able to develop a redes‐
igned concept that would integrate the three proc‐
esses and make for a more timely, efficient and
effective tool for CF members and the chain of
command, thereby ensuring that every effort has
been made to resolve the conflict early, locally and
informally.
In 2013, the concept originally developed by the
ICM WG will be further studied to better under‐
stand its potential impact on existing resources,
policies and authorities.
Expanding the Role of Director General Canadian
Forces Grievance Authority as the Administrator
of the Canadian Forces Grievance System
The DAOD 2017 series, approved in December of
2011, establishes clear roles and responsibilities
for all those involved in the grievance process.
DAOD 2017‐1 identifies DGCFGA as the administra‐
tor of the CF grievance system. It also outlines
other duties and responsibilities that will ensure
that the grievance system is managed in a holistic
and comprehensive manner. The new DAODs are
available on both the DGCFGA website and the CF
DAOD site.
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PART 2 – UPDATE ON KEY INITIATIVES (cont.)
command to ensure that the grievance has
been registered. If it has not and the griev‐
ance has been forwarded to DGCFGA for IA
action, members should contact DGCFGA for
a registration number and an update on
their grievance. The “My Grievance Status”
option is only available on the Defence Wide
Area Network (DWAN).
Educating, Training and Assisting Grievors,
Commanding Officers and Initial Authorities
DGCFGA continues to conduct grievance
analyst training. In 2011, DGCFGA hired ad‐
ditional staff to assist in developing, validat‐
ing and confirming this training. The griev‐
ance analyst course continues to be highly
sought after. It has undergone a transforma‐
tion that has made it much more relevant to
analysts at the IA level. A Specialty Specifica‐
tion code (AKUX) now exists for the course.
All CF personnel who have successfully com‐
pleted the training in the past will have their
Military Personnel Record Résumé updated
with the new qualification code.
DGCFGA is developing an online training
package for CF members who are chosen to
act as assisting members for those CF mem‐
bers exercising their right to grieve. This
initiative will make for better written griev‐
ances and a better understanding of the
grievance process. It is expected that this
training will be available on our website in
2013. A Specialty Specification code (AKUY)
also exists for this course.
Reviewing Laws, Orders and Policies and
Drafting Defence Administrative Orders and
Directives
DGCFGA has completed and published a new
DAOD series 2017. This series consists of two
DAODs and is a key tool for the chain of
command and CF members involved in the
grievance process. It provides direction and
step‐by‐step instructions on the grievance
process.
Bill C‐15, an initiative by the Government of
Canada to update the National Defence Act,
was recently passed by Parliament. This will
bring modifications to the grievance process
including changes to the Chief of the De‐
fence Staff (CDS) delegation process and
how grievances submitted by military judges
are to be treated. The Bill will also allow the
CDS to offer reinstatement after a finding of
improper release.
Bill C‐15 necessitates amendments to the
QR&Os. These amendments are largely in
keeping with the changes that will come
from C‐15, but changes such as new time
limits will also be included. The time limit
changes involve a decrease in the number of
months for submitting a grievance from six
months to three. An increase in the number
of days at the IA level from 60 to 120 is also
proposed because the previous time limit of
60 days did not allow sufficient time for dis‐
closure. Finally, the grievor’s election win‐
dow to the FA will be reduced from 90 days
to 30 days. It is anticipated that these
amendments will occur in 2013.
Expanding the Role of the Workplace
Relations Advisor
This initiative is on hold until comple‐
tion of the ICM WG. It is anticipated
that the working group will establish
duties and responsibilities for a similar
function within a more integrated CM
system.
Implementation of a Notice of Intent
The Notice of Intent (NOI) was intro‐
duced in a Canadian Forces General
Message and later included in DAOD
2017‐1. Procedures can be found on
the DGCFGA website. The NOI is de‐
signed to inform the chain of com‐
mand that a CF member has an issue
or a complaint. By using an NOI, a CF
member has the opportunity to dis‐
cuss their issue with the chain of com‐
mand and either resolve it informally
or identify the best possible mecha‐
nism to deal with it. The NOI is not
intended to interfere with a member’s
right to grieve and it is not mandatory.
For more information on the NOI,
please refer to the DAOD 2017 series
or visit the DGCFGA website.
Repository of All Files
As the manager of the grievance sys‐
tem, DGCFGA will become the reposi‐
tory for all grievance files. DGCFGA is
currently working on the digitization of
grievance files at the FA level to facili‐
tate that transformation. Once digiti‐
zation has been completed, the fea‐
ture will be expanded to IAs and even‐
tually, to the grievor. The evolution
towards an e‐grievance system will
significantly reduce the amount of
time spent on other aspects (e.g.,
sending grievance documents back
and forth by mail) and will significantly
improve our awareness of the griev‐
ance portfolio.
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“A right to procedural fairness exists
when an authority's decision is signifi‐
cant and has an important impact on
the individual.”
—Knight v. Indian
Head School Division No. 19, [1990] 1
S.C.R. 653
.
PART 3 – KEY LESSON LEARNED – PROCEDURAL FAIRNESS: WHAT IS IT?
Procedural fairness is a fundamental princi‐
ple of justice. It applies in all types of law,
including administrative law. In the CF, it
applies to both the CF justice system and
the CF administrative system. Essentially,
procedural fairness is the duty to act fairly.
When does procedural fairness apply?
In 1979, the Supreme Court of Canada de‐
termined that procedural fairness applies
whenever a person’s rights, privileges or
interests are going to be affected. The
Court also determined that the greater the
consequences from a decision, the more
stringently procedural fairness would ap‐
ply. For example, an administrative review
possibly resulting in release from the CF
could have a significant impact; a high stan‐
dard of procedural fairness is therefore
required.
How does one ensure procedural fairness is
followed? It is actually a fairly simple proc‐
ess and covers four principles: disclosure,
representation, unbiased decision and ex‐
planation. Disclosure allows the member to
know the “case against them”, by ensuring
that the member sees all the information
that will be used by the individual who will
make the decision. The key to disclosure is
that it has to happen prior to the decision
being made. This leads to the second princi‐
ple of representation. This principle allows
for the member to be heard. In other words,
the member gets to tell his or her side of the
story. This is an opportunity for the member
to add to or include information that may be
missing from the original information going
in front of the decision‐maker.
The third principle, being an unbiased deci‐
sion maker, is critical to the entire process. If
it is perceived that a decision maker is al‐
ready involved in the case to such an extent
that the outcome is a forgone conclusion,
bias exists. The perception of bias is just as
important as actual bias, so if a CO has been
involved in an issue from the beginning and
is to be the decision maker, careful consid‐
eration must be given to the issue of bias
and/or the perception of bias.
The final principle is that of explanation. Ex‐
planation is a key principle in that it allows all
involved parties to understand what informa‐
tion was used and how the decision‐maker
arrived at the decision. It makes the decision
maker accountable for the decision and
allows the member to understand how
the decision maker arrived at the deci‐
sion. It does not mean that the mem‐
ber has to agree with the decision;
only that they understand how it was
arrived at and what information was
used to reach the decision.
If the effort is made to follow proce‐
dural fairness, it can be said that a
decision maker has acted fairly. While
not the only thing that is looked at
when reviewing a decision, it is a fun‐
damental piece of the puzzle. Follow‐
ing the four principles, disclosure, rep‐
resentation, unbiased decision and
explanation will go a long way to en‐
suring fairness in the CF administrative
process.
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Yes. The member submits a harassment complaint to the chain of command. The chain of
command then conducts a situational assessment (SA) and possibly a harassment investiga‐
tion (HI). The decision of the chain of command on whether to conduct or not conduct an SA
or an HI is grievable by a CF member. In addition the outcome of the SA or the HI is grievable.
Can a CF member hire a lawyer to assist in the grievance process?
A grievor is not entitled to DND, CF or Department of Justice legal advice or representation. However, a grievor may engage a civilian
lawyer or other representative at their own expense to assist the grievor in the formulation of their grievance in accordance with
DAOD 2017‐1. The CF grievance system is structured so that any CF member can submit a grievance and navigate the grievance proc‐
ess without legal counsel. Grievors are entitled to an assisting member, and while this member’s function is not the same as a law‐
yer's, an assisting member can advise the grievor regarding specifics of the grievance process and how to better present their griev‐
ance. Many resources are available to CF members to assist them to better understand the grievance process and clearly communi‐
cate a complaint in writing.
Can a CF member submit a grievance for harassment?
No. The CF does not have authority over Treasury Board policy; however, the way the CF has
interpreted or applied the TB policy can be grieved.
Can a CF member grieve a Treasury Board (TB) policy?
It is not sufficient that a member merely disagrees with a CF policy. The member must show
that the implementation of a policy or any decision, act or omission of the CF has had a nega‐
tive impact on him or her. All that is required to be “aggrieved” is to demonstrate how the
decision, act or omission that is being challenged has had an effect on the CF member per‐
sonally.
What does it mean to be aggrieved?
PART 4: FAQ – FREQUENTLY ASKED QUESTIONS
Questions or concerns about the CF grievance process should be directed as follows:
Points of Contact for Director General Canadian
Forces Grievance Authority
Telephone: Toll Free: 1‐866‐GRIEVOR (1‐866‐474‐3867)
Commercial: 613‐944‐5549
Fax: Commercial: 613‐996‐3586
DWAN: http://vcds.mil.ca/sites/page‐eng.asp?page=4689
Internet: http://www.cfga‐agfc.forces.gc.ca/au‐an/index‐eng.asp