Grievance Form Template for Employees who received incorrect Code in their Record of Employment (ROE)

Disclaimer

This article’s opinions are those of the authors, not of any institution. It is not legal advice.

Grievance related to the falsification of ROE records.

Grievance Form: https://www.canada.ca/content/dam/tbs-sct/documents/forms/340-55-nf.pdf.  You can download and use PDF24 Tools to fill it out. 

The following texts can be pasted directly into the form: Section B and Section D.  In Section  C , you put the date when you found out about " act, omission or other matter giving rise to the grievance", which could be the date when you visited this page, or when you watched the related discussion on YouTube (at this link).

Timeline:

The grievance must be submitted to your manager within the time limit specified in the applicable collective agreement, starting from the date on which you became aware of the act, omission, or other matter giving rise to the grievance. For most PIPSC collective agreements, this is 25 working days.

For legal references and other details, please see the parent page (Q & A with J4EIM)

Section B:

I grieve my Employer’s use of an incorrect code  on my Record of Employment (ROE) when placing me on Administrative LWOP 

during the COVID‑19 Vaccination Mandate period in 2022.

On [DATE] I  was placed on Approved Administrative Leave for safety reasons (vaccination status). 
I was not Suspended for Disciplinary Reasons.
My employment relationship continued uninterrupted until I returned to work at the end of the approved leave.

Despite this, my ROE was issued with Code “K” (Other) along with specific instructions to “treat as Code M.”  

This is inconsistent with the facts, the ROE Guide, and the employer’s own written confirmation.  

It therefore appears to be a knowingly incorrect coding decision, which is a Criminal Offence ( §398 of the Criminal Code )

The ROE Guide further clarifies that “knowingly” means being fully aware and acting with full knowledge of the facts.  

When the Issuer does not have full knowledge, they are required to provide a “Further Information Contact” who can answer 

EI Investigators’ questions with certainty. Both long‑standing ROE guidance and the specific pandemic‑related guidance state that 

any period of Unpaid Leave must be coded “N” (Not Present).  This explicitly includes situations where “an employee does not 

report to work because they refuse to comply with your mandatory COVID‑19 vaccination policy.” (ESDC employer guidance:  

https://web.archive.org/web/20241126215225/https:/www.canada.ca/en/employment-social-development/programs/ei/ei-list/ei-employers.html) 

By contrast, Code “M”  applies to Disciplinary Suspensions or permanent terminations.

Additionally, the ROE was issued by Krista Hastie [Insert the name of the person who signed your ROE in Section 22] (PSPC), 

who was not fully aware of my individual circumstances and therefore did 

not meet the “full knowledge of the facts” requirement.  She also failed to provide a proper Further Information Contact, 

instead listing only her own phone number again and the generic “Government of Canada” Contact, contrary to ROE requirements.

Section D:

I am requesting the following remedies:

- Re‑issuance of my ROE with the correct code, in accordance with the facts and the ROE Guide:

Code “N” – Leave of Absence  (Approved Admin. Leave)

- Disclosure of any instructions provided to Ms. Hastie by ESDC, TBS, or PSPC directing her to code my ROE as “K” not “N” – 

or with instructions to “treat as Code M.”  If such instructions exist, I request written evidence.

- Assurance that knowingly incorrect ROE coding will not occur again, given the potential criminal implications of falsifying 

or misrepresenting the reason for issuing an ROE.

I am requesting to be made whole, including any corrective measures necessary to restore my employment record and 

ensure compliance with federal ROE requirements.

Alternative wording for Section C 
(you can also put it in a separate document as Annex A)

I grieve my Employer’s use of an incorrect code  on my Record of Employment (ROE) when placing me on Administrative LWOP during the COVID‑19 Vaccination Mandate period in 2022.

Background and Basis of Grievance:

Block 22 of all ROEs, as well as ESDC’s ROE Guide, explicitly state that it is a Criminal Offence to knowingly provide False or Misleading Reasons for issuing an ROE.

Each ROE is Certified under §398 of the Criminal Code, confirming that the Issuer understands that intentionally Falsifying the Reason for issuing an ROE may constitute a Criminal act.

The ROE Guide further clarifies that “knowingly” means being fully aware and acting with full knowledge of the facts.  When the Issuer does not have full knowledge, they are required to provide a “Further Information Contact” who can answer EI Investigators’ questions with certainty.

Both long‑standing ROE guidance and the specific pandemic‑related guidance state that any period of Unpaid Leave must be coded “N” (Not Present).  This explicitly includes situations where “an employee does not report to work because they refuse to comply with your mandatory COVID‑19 vaccination policy.” (ESDC employer guidance:  https://web.archive.org/web/20241126215225/https:/www.canada.ca/en/employment-social-development/programs/ei/ei-list/ei-employers.html)

By contrast, Code “M” (Misconduct) applies to Disciplinary Suspensions or permanent terminations.

[

OPTIONALLY, IF APPLICABLE:
As per the response to my previous grievance (if you happened to file a grievance related to your LWOP) : 
As  per Service Canada  statement (see https://dg4vp.substack.com/p/who-is-this-krista-hastie-who-signed for instructions on how to obtaine this information from Service Canada]
]

- I was placed on Approved Administrative Leave for safety reasons (vaccination status),

- I was not Suspended for Disciplinary Reasons, and

- My employment relationship continued uninterrupted until I returned to work at the end of the approved leave.

[Optionally, include the quote from your Service Canada printout “No Misconduct Was Involved” (see https://dg4vp.substack.com/p/who-is-this-krista-hastie-who-signed for instructions on how to obtained this information from Service Canada]

Despite this, my ROE was issued with Code “K” (Other) along with specific instructions to “treat as Code M.”  

This is inconsistent with the facts, the ROE Guide, and the employer’s own written confirmation.  It therefore appears to be a knowingly incorrect coding decision.

Additionally, the ROE was issued by Krista Hastie (PSPC), who was not fully aware of my individual circumstances and therefore did not meet the “full knowledge of the facts” requirement.  She also failed to provide a proper Further Information Contact, instead listing only her own phone number again and the generic “Government of Canada” Contact, contrary to ROE requirements.