# 2020-174 Pay and Benefits, Land Duty Allowance

Case summary

F&R Date: 2021-07-26

The grievor argued that, following an occupation transfer, he should have continued to receive the Land Duty Allowance (LDA) while completing on the job training (OJT) at a designated unit. Although posted to the Basic Training List of a Canadian Division Support Base, the grievor continued to report for work at his former unit, a designated unit where he had been receiving LDA prior to his occupation transfer. The grievor argued that he should have been attach posted to his former unit to complete his OJT rather than simply being told to report to work at his former unit during his OJT and work alongside those who received the LDA.

There is no Initial Authority decision, as a determination was not made within the time limit. The grievor requested his grievance be sent to the Final Authority (FA) for adjudication.

The Committee found that the grievor should have been attach posted to his former unit while completing OJT. The Military Human Resources Records Procedures directs that attach posting is the method of assignment used when a member is serving temporarily at a unit or in an environment where environment-specific allowances are payable, such as a LDA. Without an attach posting, the Committee found that the grievor would not meet the criteria established in Compensation and Benefits Instructions 205.10(4), which triggered entitlement to LDA.  

The Committee recommended that the FA afford the grievor redress by attach posting him to his former unit for the duration of his OJT and making all relevant adjustment to LDA payments and points resulting from this attach posting.

FA decision summary

The FA, Director Canadian Forces Grievance Authority, agreed with the Committee's analysis and its recommendation to attach post the grievor to his former unit for the duration of his OJT. The FA directed the Chief of Military Personnel to change the grievor's status to attach posted for the relevant period so the grievor is eligible for LDA and LDA-related points.