# 2011-122 Pay and Benefits, Door-to-Door Move, Integrated Relocation Program (CF IRP), Interim Lodging, Meals and Incidentals (ILM&I)

Case Summary

F&R Date: 2012–03–28

In March 2009, the grievor was posted to Belgium with a change of strength (COS) date of 27 July 2009. While preparing to relocate his dependants, household goods and effects (DHG&E), the grievor was informed of some changes to the interim lodgings, meals and miscellaneous (ILM&M) benefits under the Canadian Forces Integrated Relocation Program (CF IRP) 2009. The new policy stated that members needed to plan for a door-to-door move and that ILM&M benefits would no longer be reimbursable once the HG&E were available for delivery at the new place of duty unless the circumstances were beyond the member’s control.

After consulting numerous Canadian Forces (CF) relocation authorities and experts, the grievor designed the following plan for a door-to-door move and set it in motion:

1) the overseas pack and load was scheduled for the 29-30 June 2009;

2) the sale of the residence in Canada closed on 6 July 2009;

3) secured new accommodation with a rental agreement initially starting on 17 July 2009 later amended to a possession date of 27 July 2009;

4) arrival at destination on 25 July 2009;

5) earliest expected arrival of the HG&E at destination 26 July 2009; and

6) COS date 27 July 2009.

However, two unforeseen events changed the grievor’s plan. First, the Canadian Forces Support Unit Europe negotiated and signed a lease on behalf of the grievor, that ultimately postponed the date of possession of the new accommodation from 27 July 2009 to 1 August 2009. The second, and more significant event was that the grievor’s HG&E arrived at destination far earlier than expected, on the 16 July 2009, and was therefore available for delivery on 20 July 2009. Since the new accommodation was not available before 1 August 2009 and the grievor planned to arrive at destination on the 25 July 2009, the HG&E was placed in storage. Finally, given that the grievor’s new accommodation was not available until 1 August 2009, the first date available for the delivery of the grievor’s HG&E was 3 August 2009.

In April 2010, the Director Compensation and Benefits Administration (DCBA) denied the grievor’s request to be reimbursed ILM&M from the Core envelope for the period of 20 July to 3 August 2009. The DCBA explained that the grievor’s HG&E were available for delivery at destination as of 20 July 2009, but that the grievor and his dependants only arrived in Belgium on 25 July 2009 and the new accommodation was not available until 3 August 2009. The DCBA further stated that the grievor had been informed that once his HG&E were available for delivery in Belgium, the ILM&M would come from his Personalized envelope since it was his decision to rent accommodation that was not available until after his HG&E arrived in Belgium.

The grievor argued that he had planned his relocation diligently and in accordance with the information provided by the CF experts and that he could not have predicted the early arrival of his HG&E at destination. The grievor asked to be reimbursed the 12 additional days of ILM&M from his Core envelope.

There was no initial authority decision in this case because the grievor refused to approve extension requests.

The Board found that the grievor produced an effective and well-coordinated plan for a door-to-door move as required by Section 2.2 of the CF IRP 2009.

The Board considered the changes to the accommodation availability and found that the grievor had selected accommodation with an appropriate availability date and that the delays in availability were, first, unanticipated and, second, attributable to CF authorities.

Regarding the early delivery of the grievor’s HG&E, the Board found that 16-day transit of the grievor’s HG&E to destination, when the norm was four to six weeks in transit, was rare and unforeseen was beyond the grievor’s ability to control.

The Board noted that even if the grievor had been available on 20 July 2009 when his HG&E was available for delivery, the lack of available accommodation precluded delivery before 3 August 2009. Whether the grievor was at destination on 20 July 2009 or not made no difference in the circumstances; the door-to-door move was already impossible at that point.

The Board found that the circumstances leading to the extra ILM&M in this case were beyond the grievor’s control and that he was entitled to the extra ILM&M from the Core funding envelope.

The Board recommended that the Chief of the Defence Staff uphold the grievance.

CDS Decision Summary

CDS Decision Date: 2012–09–25

Case withdrawn at Final Authority level following an informal resolution.