# 2011-092 Pay and Benefits, Allowances and Benefits, Annual Leave, Attach Posting Benefits, Isolation Allowance

Case Summary

F&R Date: 2011–10–31

The grievor agreed to serve at an isolated post on temporary duty (TD), and signed a letter of understanding (the Letter) to the effect that he would have no claim or entitlement to benefits outside of those related to his employment on TD while awaiting training. As a result, the grievor did not receive the same benefits and compensation that other members received who were attached-posted (att-posted) to the same isolated post. The grievor argued that he should have been compensated in the same manner as others serving in the same operational environment.

There was no initial authority (IA) decision on file as the IA, the Director General Compensation and Benefits, was unable to respond within the time limit and the grievor did not agree to grant a second extension.

The Board found that entitlement to the additional benefits sought by the grievor required that he be att-posted. Therefore, the Board had to determine whether the grievor ought to have been att-posted to the isolated post. The Board reviewed the applicable policy and the intent of the Compensation and Benefits Instructions with regard to isolated posts, in addition to seeking the opinion of several subject matter experts.

The Board found that the grievor should have been att-posted to the isolated post, as the benefits in question were meant to compensate for harsh environmental conditions which applied to the grievor regardless of the means by which he was sent to the isolated post. The Board found that it would be unfair for the grievor to serve at the isolated post without comparable compensation.

Regarding the Letter signed by the grievor, the Board found that the grievor was given no choice but to sign it. Further, as he was a new military member, the Board found that he could not have been expected to fully understand the impact of waiving his entitlements to certain benefits, and that it was unreasonable to have asked the grievor to sign the Letter.

The Board recommended that the Chief of the Defence Staff uphold the grievance, that the grievor be retroactively att-posted to the isolated post for the applicable time, and that the grievor receive all the benefits that flow from being att-posted to the isolated post.

CDS Decision Summary

CDS Decision Date: 2011–11–10

The grievance was resolved informally.