While one can’t grieve the “order” to be vaccinated, one can grieve the decision to not grant an accommodation. You can grieve a decision (that does not have an order), act or omission. Also, if the member does not like the answer from the IA (Initial Authority), then it can go to the FA (Final Authority). In most cases the FA is the CDS (Chief of Defense Staff). So, you cannot grieve that you are going to be 5Fed, as that comes from a CDS directive.
However, you can grieve something that was missed or omitted along the process. For example, if you submit your affidavit and the CO (Commanding Officer) does not forward it, that is grieveable. Another an example would be, if your CO demands something from you and shortens the timeline given in the directive without providing you a reasonable excuse (like he is going to war tomorrow) then, it would be grieveable.
You can also grieve your CO’s decision. However, it will basically go nowhere. In the meantime, we recommend keeping every email, log any event using a timetable (date, time, precise location, who was present, what it was about, etc) on a memory stick and backing it up with another memory stick. Use your own home personal computer to do so.
Also, the CAF (Canadian Armed Forces) have an Integrated Conflict and Complaint Management program (ICCM). The ICCM program provides CAF members a way to submit, track, and resolve complaints. ICCM helps CAF members to manage conflicts and complaints by working with you to meet your personal needs and solve conflict earlier in the complaint process by providing you with support and informal options.
You can find a grievance and harassment centre on every major base. Don't seek this out from your CoC (Chain of Command). Call the operator on the base and ask for your local CCMS (Conflict & Complaint Management Services) Main office: 1-833-328-3351.
(Services de Gestion des Conflits et des Plaintes - SGCP)
The NOI must go in first. Then the member needs to talk to the local grievance centre. Once the member has the letter back from the CO indicating the acceptance of the grievance and who the assisting officer will be for the member then the member can submit the formal grievance.
QR&O: Volume I - Chapter 7 Grievances (Français disponible ici)
DAOD 2017-0, Military Grievances (Français disponible ici)
DGCFGA Staff Manual, Nov 16 (Director General Canadian Forces Grievance Authority) – intranet site
Acts, Regulations, Central Agency Policies and Policy DAOD
Federal Courts Act
Library and Archives of Canada Act
National Defence Act
QR&O article 4.02, General Responsibilities of Officers
QR&O article 5.01, General Responsibilities of Non-Commissioned Members
QR&O Chapter 7, Grievances
QR&O Chapter 19, Conduct and Discipline
QR&O article 101.19, Appeal Committee
DAOD 2017-1, Military Grievance Process
DAOD 5012-0, Harassment Prevention and Resolution
DAOD 6001-0, Information Management
DAOD 6001-1, Recordkeeping
DAOD 7004-0, Claims By or Against the Crown and Ex gratia Payments
DAOD 7004-1, Claims and Ex gratia Procedures
DAOD 7004-2, Compensation for Loss or Damage to Personal Property
CFAO 2-15, Official Languages
CANFORGEN 056/13, Interim Guidance Canadian Forces Disclosure Process
CDS Appointment Order – Director General Canadian Forces Grievance Authority
CDS Guidance to Commanding Officers, Chapter 17, Conflict Management
National Defence Security Orders and Directives, Chapter 6, Security of Information
Defence Subject Classification and Disposition System (DSCDS)
Canadian Forces Personnel Appraisal System (CFPAS)
Notice of Intent to Grieve Form
DGCFGA intranet site
Director General Military Careers (DGMC) intranet site, Grievances
Military Grievances External Review Committee Web site
Military Police Complaints Commission Web site
Answers to general questions. Not specific legal advice. Consult a lawyer directly.
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