# 2011-113 Pay and Benefits, Grievance Submitted to CDS Outside the Time Limit (QR&O 7.10), Grievance Submitted to the IA Outside the...

Case Summary

F&R Date: 2011–12–12

The grievor, who was experiencing marital problems, rented a permanent married quarters (PMQ) where he would meet with his spouse to discuss issues as recommended by their marriage counsellor. Upon being posted to another place of duty, the grievor was advised by the Royal LePage Relocation Services (RLRS) representative to submit a request in order to determine whether his family residence or the PMQ should be deemed his primary residence for relocation purposes. The grievor informed RLRS that he had decided to consider the PMQ as his primary residence. A few months later, the grievor requested that his family residence be considered his principal residence for relocation purposes and that he be allowed associated residential sale benefits. His request was denied and the grievor was not reimbursed legal and real estate fees upon selling his residence the following year.

In his grievance, submitted several years later, the grievor pointed out that, at the time of his posting, the matrimonial residence met the definition of a "principal residence" in accordance with the Canadian Forces Integrated Relocation Program in effect at the time. He stated that he had been unable to convince the RLRS representative and that he had felt pressured to select the PMQ as his primary residence in order to set up the moving company and initiate his move without further delays. He requested that all normal and eligible fees associated with the sale of his residence be reimbursed.

The initial authority (IA) rejected the grievance on the grounds that it did not conform with the time limits requirements; however, presumably in consideration of additional submission on the part of the grievor, the Chief of the Defence Staff later directed that the grievance be accepted and the grievance was referred to the Board without an IA decision on the merits of the case.

Given the file materials, as well as additional information provided by the grievor upon being queried by Board personnel, the Board concluded that, in the circumstances that prevailed at the time the grievor was posted, it was not his intention to relocate his family to his new place of duty and to dispose of his residence. As it were, the family was never relocated with the grievor at his new place of duty.

The Board noted that the purpose of the benefits related to the sale of a principal residence is to assist in the disposal of a principal residence when a Canadian Forces member is posted from one place of duty to another. In the case at hand, the Board found that neither the sale of the grievor's residence nor the timing of the family's move from the residence was directly connected to his posting.

The Board further found that even if the matrimonial residence had been determined to constitute the grievor's primary or principal residence at the time he was posted, it would not have entitled him to benefits associated with its eventual sale a year later because the sale was not directly related to the grievor's posting.

The Board recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2012–09–12

The CDS did not agree with the Board's recommendation to deny the grievance. The CDS obtained information that was not available when the Board's findings and recommendation were issued. Therefore, the CDS determined that the grievor's house was listed for sale and actively being marketed when he received his posting to a new place of duty. The CDS concluded on a balance of probabilities, that the grievor sold his house as a result of being posted to a new place of duty in 2006 and that he accepted an offer to purchase it 16 days before he was officially notified of his posting back to his previous unit in 2007. Consequently, the CDS found that the grievor was entitled to be reimbursed the expenses incurred for the sale.