Lumber said:
Ah. So, it goes one of two ways:
1. IA Makes Decision --> Member Accepts Decision --> DGCFGA files it away; or
2. IA Makes Decision --> Member Appeals Decision --> DGCFGA forwards file to CDS.
Not always. DGCFGA may also fwd the file to the
Military Grievances External Review Committee if the grievor is not happy with the IA decision and directs the file to be forwarded to the FA, it may end up at the MGERC for them to process and produce their F & R (Finding and Recommendations). The F & R are then disclosed to the grievor and DGCFGA for FA (either the DG or the CDS) to render decision on, noting that of course the FA is not bond to the F & R but if they go against, are expected to detail why in their decision (examples of that are found on their website case summaries).
If so, where does this "committee" come into play?
My 100% pure guess is that, the job of investigating a grievance is a lot of work; work that the CDS doesn't have time for. So, if the mbr doesn't accept the IA's decision, DGCFGA assembles a committee that does their own investigation and analysis and recommends a decision. They forward THIS to the CDS, who reads through it and makes the final decision. Amiright?
You might have found this already but....http://www.forces.gc.ca/en/caf-community-support-services-for-members-grievance/faq.page
3. What is the role of the Military Grievances External Review Committee?
The Committee is an independent organization that conducts an arms- length review of a grievance. The duty of the Committee is to provide findings and recommendations to the CDS and the grievor. In accordance with QR&O article 7.21 (Types of Grievances to Be Referred to Grievances Committee), the
types of grievances that must be referred to the Committee are as follows:
•administrative action resulting in the forfeiture of or deductions from pay and allowances, reversion to a lower rank or release from the CF
•the application or interpretation of CF policies relating to the expression of personal opinions, political activities, candidature for office, civil employment, conflict of interest and post-employment compliance measures, harassment or racist conduct
•pay, allowances and other financial benefits
•the entitlement to medical care or dental treatment
•any decision, act or omission of the CDS in respect of a particular officer or non-commissioned member
The CDS may also select to refer a grievance, other than one prescribed in QR&O 7.21, to the Committee in order to receive recommendations from a third party outside the Department. These are called discretionary referrals. {in a case I am aware of, DGCFGA referred to the Committee on behalf of the CDS in a discretionary referral; to my knowledge the first eyes on the CDS had was after the F & R was reviewed by the CFGA and the assigned Analyst drafted the FA decision}
I'll add, DGCFGA is staffed with personnel who are Grievance Analysts and have taken the GA course/training. Different org's also have GAs (the Comd RCAF should have GA(s) embedded in the CAS staff somewhere, for example) who will perform the GA duties for the Comd RCAF if he/she is determined to be the IA. The GA will do the required staff work, produce a recommended decision for the IA, etc.
If you look them up on the DWAN, you should be able to see their org chart that breaks down how the basically operate (*if it is still there...its been a few years since I was involved in a grievance).