Commissioner’s Standing Orders (Grievances) (SOR/2003-181)
Full Document:
Regulations are current to 2013-04-29
PRESENTATION OF GRIEVANCES
Content
3. A grievance presented under section 31 of the Act shall contain the following information:
(a) the grievor’s name and employee number;
(b) the decision, act or omission that is being grieved;
(c) the prejudice the grievor claims to have suffered as a result of the decision, act or omission;
(d) the corrective action requested; and
(e) the date on which the grievor learned of the decision, act or omission.
Collective Grievance
4. Two or more members who are aggrieved by a decision, act or omission may present a collective grievance.
Representation
5. A grievor or respondent who authorizes a person to represent or assist them in a grievance shall notify the other party and the office for the coordination of grievances in writing.
Presentation
6. (1) For the purpose of subsection 31(2) of the Act, a grievor presents a grievance by providing it to the office for the coordination of grievances or to the grievor’s supervisor.
(2) A supervisor who is presented with a grievance shall forward it to the office for the coordination of grievances without delay.
(3) The office for the coordination of grievances shall provide a copy of the grievance to the respondent.
Providing Documents
7. (1) A grievor or respondent provides a document to level I or II by providing it to the office for the coordination of grievances.
(2) On receipt of the document, the office for the coordination of grievances shall provide a copy to the other party.
Access to Information
8. The right of access to written or documentary information under subsection 31(4) of the Act does not extend to information the disclosure of which could reasonably be expected to be injurious to
(a) the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or the detection, prevention or suppression of subversive or hostile activities, as defined in that subsection; or
(b) law enforcement.
Early Resolution
9. (1) After receipt of a grievance, the respondent shall contact the grievor and initiate a discussion, oral or written, of the grievance.
(2) In discussing a grievance,
(a) the respondent shall explain the reasons for the decision, act or omission that is the subject of the grievance;
(b) the grievor shall explain how he or she is aggrieved; and
(c) the parties shall consider if there are any mutually acceptable terms for resolving the grievance without a decision by level I.
(3) Any discussion by the parties of terms for resolving the grievance is without prejudice to them in the grievance procedure.
10. After the parties have discussed the grievance, they shall provide to level I
(a) a copy of their agreement, if the parties have reached an agreement to resolve the grievance in which the grievor undertakes to withdraw the grievance;
(b) a list of the agreed upon and disputed facts or issues relative to the grievance, if the parties have not reached an agreement to resolve the grievance but agree on facts or issues relevant to the grievance; or
(c) the declaration of each party that they have complied with their obligations under subsections 9(1) and (2) but have not reached an agreement, if the parties have not reached an agreement to resolve the grievance and do not agree on facts or issues relevant to the grievance.
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