# 2012-035 Pay and Benefits, Leave Entitlement

Case Summary

F&R Date: 2012–05–11

The grievor has served in the Regular Force for over 30 years, with three distinct periods of service. However, after an administrative inquiry, the Director Military Careers Administration (DMCA) determined that the grievor’s second release was the result of an administrative error on the part of the Canadian Forces (CF) and that the grievor should have received an offer of indefinite period of service (IPS). The DMCA therefore proposed an informal resolution settlement to the grievor, namely, that he be re-enrolled for an IPS, in his former occupation and at the rank and seniority/pay level he had at the time of his release. The grievor accepted the offer and was re-enrolled.

When reviewing his leave entitlement, the grievor realized that the period during which he had been released through error had not been added to his years of service. Given that he had accumulated 28 years of service and thereby was entitled to an additional week of annual leave, he filed a grievance requesting that the period during which he had been released through error not be considered a break in service.

The Director General Compensation and Benefits, the Initial Authority (IA) in this case, denied the grievance, stipulating that accumulated years of service are calculated by including the current period of service as well as the previous period. The IA thus concluded that the grievor’s first period of service could not count, despite the fact that the second break in service was the result of an error by the CF. The IA asserted that leave policy, Article 16.14 of the Queen’s Regulations and Orders (QR&O), was a policy approved by Treasury Board (TB) and the Minister of National Defence (MND), and that no authority existed for making an exception thereto.

The Board noted that, contrary to the IA’s comment, Chapter 16 of the QR&Os was not a TB regulation but, rather, one falling under Ministerial responsibility. The Board also noted that the policy allowed the Minister no discretion to make an exception to his own policy.

Furthermore, the Board noted that QR&O 16.14, on annual leave, left no room for any interpretation or exemption. The Board pointed out that discretionary authority that could be delegated to the Chief of the Defence Staff (CDS) by the MND would be advantageous to the conduct of CF business as it would allow exceptional situations like that of the grievor to be dealt with administratively.

Finally, the Board noted that Article 16.20 of the QR&O gave the CDS authority to grant up to 30 days of special leave annually.

The Board therefore proposed that the CDS grant the grievor 5 days of special leave annually, thus remedying the error of which he had been a victim.

The Board recommended that the CDS uphold the grievance.

CDS Decision Summary

CDS Decision Date: 2013–01–25

The CDS concurs with the Board's findings and the recommendation that the grievance be upheld by authorizing 5 days of leave per year to a maximum of 30 days in accordance with QR&O 16.20.