# 2012-037 Pay and Benefits, Compassionate Travel Assistance (CTA)

Case Summary

F&R Date: 2012–06–27

After incurring travel expenses to attend his father's funeral, the grievor, a reservist on Class "B" service, was informed he was ineligible for compassionate travel assistance (CTA) because he had not been moved at public expense for the purpose of his current employment. The grievor indicated that no one in his chain of command (CoC) seemed aware of the applicable regulations and, had he been told from the start he was not entitled, he would have considered other less expensive travel arrangements. The grievor also expressed the view that ineligibility for CTA for long-term reservists is discriminatory because Regular Force (Reg F) members are entitled to this benefit. The grievor requested that he be reimbursed for his expenses and that Compensation and Benefits Instructions (CBI) 209.51 - Compassionate Travel Assistance, be reviewed and adjusted so that reservists on Class "B" or "C" service are entitled to CTA.

The Board noted that the version of CBI 209.51 promulgated at the time the grievor requested CTA stated clearly that the benefit applied to reservists serving on a period of Class "B" or "C" service only if they had been authorized a move at public expense in respect of that period of service; although the Board acknowledged that the CBI had recently been amended retroactively to January 2011, a date prior to the events which resulted in the grievance, the same condition is present in both versions and therefore the amendment had no effect on the grievor's eligibility to CTA. Since the grievor had not been authorized a move at public expense for the purpose of his period of service, the Board concluded that the grievor was not entitled to CTA.

The Board pointed out that should the grievor feel that he suffered a detriment caused by what he perceives as negligent misrepresentations on the part of his CoC, he could pursue a claim through the Director Claims and Civil Litigation.

On the issue of discrimination, the Board pointed out that the grievor was ineligible for CTA because he had not been moved at public expense, not because he was a reservist. The Board also pointed out the Chief of the Defence Staff's (CDS) position on the issue. The CDS stated that some benefits are only available to Reg F members and Reserve Force (Res F) members authorized to move at public expense because Reg F members serve where they are ordered to serve and not where they choose and, similarly, Res F members who are moved at public expense do so to fulfill a military requirement. The Board found that, in the circumstances, the grievor's claim of discrimination was not supported.

The Board recommended that the CDS deny the grievance.

CDS Decision Summary

CDS Decision Date: 2013–03–19

The CDS agreed with the Board's findings and recommendation that the grievance be denied.