# 2020-088 Pay and Benefits, Imposed Restriction, Separation Expense

Case Summary

F&R Date: 2021–05–31

The grievor contested the decision to terminate his Imposed Restriction (IR) status as of 30 January 2018. The grievor explained that though he submitted a memorandum to his chain of command on 30 January 2018 that his relationship was likely coming to an end, he asked that he be permitted to remain on IR status.

The Initial Authority (IA) noted that while she was authorized to make a decision pertaining to the grievor's eligibility for Separation Expense (SE) benefits, she could not address the matter related to the grievor's IR status or when his IR should be lifted. The IA found that in accordance with Compensation Benefits Instructions 208.997(5)(j)(No Entitlement - SE), the grievor's SE should have ceased on 30 January 30 2018, as he was entitled to move his household goods and effects at public expense as of that date. Further, the IA determined that in accordance with Queen's Regulations and Orders for the Canadian Forces 203.04, all sums received by the grievor for SE benefits after January 30, 2018, were to be recovered.

The Committee found that the grievor's entitlement to SE ended when he ceased to have a common-law partner on 30 January 2018. The Committee found that the grievor's IR termination date in 2018 remains unresolved due to contradictions in the file and the inability of the grievor's chain of command to provide conclusive documentation. The Committee noted that given the finding with regard to entitlement to SE (which must end on the same date as, or before, the IR), an IR status termination date falling within this range would nonetheless result in no impact (positive or negative) on the entitlements already afforded to the grievor. 

FA Decision Summary

The Director Canadian Forces Grievance Authority, acting as Final Authority, agreed with the Committee's findings and recommendation not to afford the grievor redress.