# 2015-204 Pay and Benefits, Discrimination, Family Care Assistance, Leave Travel Assistance, Separation Expense

Case Summary

F&R Date: 2021–02–19

The grievor was denied Leave Travel Assistance (LTA), Separation Expense (SE) and Family Care Assistance (FCA) benefits and claimed that these policies unfairly disadvantage single Canadian Armed Forces (CAF) parents. The grievor alleged these policies discriminate on the basis of sex and marital status.

The Initial Authority (IA) did not render a decision within the statutory time limit, so the grievance was forwarded directly to the Final Authority (FA).

The Committee reviewed the allegations of discrimination within the context of the Universality of Service principle. The Committee acknowledged the challenges CAF members face in reconciling family care needs with the ability to be absent for duty reasons at short notice, but found that policies have been put in place to reasonably assist CAF members in fulfilling this duty. The Committee found that the LTA, SE and FCA policies do not discriminate on the basis of sex and/or marital status, and that the grievor was denied benefits under those policies because they did not apply to the grievor's circumstances at the time. 

The Committee recommended that the grievance be denied. 

FA Decision Summary

The Chief of the Defence Staff, the FA, determined that the grievor was treated in accordance with the applicable policies and that she was not subject to any discriminatory policy or practice. The FA did not grant the redress sought by the grievor; however, due to the avoidable inefficiencies in the handling of the grievor's file and the fact that she was not accorded the appropriate level of compassion and flexibility in the management of her situation, he authorized an ex gratia payment in the sum of $36,000.  

The FA acknowledged that the grievor endured a number of challenges as a single parent, and noted that her grievance had brought to his attention a number of policy matters requiring potential revision of those policies to align them with modern realities.