# 2017-018 - Lack of pay-related information during the Voluntary Occupation Transfer (VOT) process, Overpayment, Specialist Pay, Voluntary Occupational Transfer (VOT)

Case Summary

F&R Date: 2017–07–05

The grievor challenged the recovery of an overpayment which was caused by the fact that his Voluntary Occupation Transfer (VOT) had not been administered correctly. He argued that if he had known that his VOT would result in him losing specialist pay, he would not have accepted the VOT.

The Director Military Pay and Allowances Processing found that the grievor's rate of pay had not been correctly adjusted at the time of his VOT, and that the error was not discovered until four years later when the grievor's pay was reviewed as part of a systemic review of his former occupation. Nonetheless, as the grievor had received pay to which he was not entitled, the overpayment was to be recovered.

The Committee found that the grievor was no longer entitled to specialist pay as of the date of his VOT and had therefore been overpaid in an amount in excess of $49,000 over a four-year period. Although it was not disputed that the grievor had been overpaid, the Committee still found that he had been aggrieved by the staff errors that had created the overpayment. Considering the circumstances of the overpayment, and the hardship it would cause to the grievor and his family, the Committee found that it would be unreasonable to recover it.

The Committee therefore recommended that the Chief of the Defence Staff (CDS) cancel the grievor's VOT, thereby nullifying the overpayment. In the alternative, the Committee recommended that the CDS find that the CAF is estopped from recovering the overpayment and the grievor should therefore be reimbursed the amount already recovered.

The Committee also made a systemic recommendation to ensure that members are appropriately advised of potential pay ramifications when considering a VOT.

FA Decision Summary

FA Decision Pending