# 2012-042 Pay and Benefits, Education Reimbursement - Primary Reserve

Case Summary

F&R Date: 2012–06–29

The grievor, a reservist, initially submitted an individual learning plan (ILP) in 2003 so he could participate in the education reimbursement (ER) program. After numerous inquiries, the grievor was informed by his unit in 2006 that his initial submission could not be found. In 2007, the grievor submitted a claim for education expenses incurred between 2002 and 2005; he was told his application did not meet the required criteria. The grievor submitted a grievance in February 2007 requesting reimbursement of his education expenses.

In December 2008, the grievor's Commanding Officer supported the grievor's ER claim stating that the grievor had indeed submitted his ILP within the required time, but that it had been lost by the unit. In January 2009, the grievor re-submitted an ILP for approval; however, the grievor's file was not endorsed by the Canadian Defence Academy (CDA).

In September 2011, the grievor contacted the office of the Director General Canadian Forces Grievance Authority (DGCFGA) inquiring about his grievance; it was discovered at that time that the grievance had never been registered. As a result, four and a half years after submission, the grievance was registered, acknowledged by the DGCFGA and forwarded to the CDA for an initial authority (IA) decision. However, before the IA could render a decision, the IA's staff was told to return the file for final authority adjudication.

As a preliminary issue, the Board found that retrieving the file from the IA before the regulatory timeframe circumvented the grievance process.

The Board noted that the instruction regarding ER program in force at the time the grievor commenced his courses was Assistant Deputy Minister (Human Resources - Military) (ADM (HR-Mil)) Instruction 04/01. In 2004, a newly approved program set out in Compensation and Benefits Instructions (CBI) article 210.801 was announced. The CDA office confirmed that prior to the new ER program coming into force in 2004, there was no requirement for an ILP.

The Board pointed out that in a similar grievance, it had come to light that ADM (HR-Mil) Instruction 04/01 had not received the required Treasury Board (TB) approval before being implemented; in his decision in that grievance, the Chief of the Defence Staff (CDS) explained that the program was ultimately reconstituted effective 1 September 2004, and that approval had also been authorized for the funds that had already been disbursed pursuant to ADM (HR-Mil) Instruction 04/01.

In light of the above, notwithstanding that the funds erroneously disbursed were authorized, the Board was of the opinion that since ADM (HR-Mil) Instruction 04/01 was not a regulation authorized by TB, it could not be used at this time as authority to approve the grievor's ER claim for reimbursement for academic years 2002/2003 and 2003/2004.

As for the grievor's claim for 2004/2005, the Board concluded that the grievor had established sufficient reasons for submitting a late claim; furthermore, it was confirmed by CDA staff that the grievor's choice of diploma, education institution and financial reimbursement request would have met all the criteria in the policy and would have been approved, had the claim not been lost by the grievor's unit. The Board found that the grievor should be reimbursed the maximum allowed for his academic year 2004/2005 in accordance with CBI 210.801.

The Board observed that the CDS may wish to express his regrets to the grievor for the manner in which his ER file and grievance were handled.

The Board recommended to the CDS that the grievance be partially upheld.

The Board recommended that the CDS direct the appropriate authorities to reimburse the grievor for the maximum allowed under CBI 210.801 for education expenses for the 2004/2005 academic year.

CDS Decision Summary

CDS Decision Date: 2016–01–15

The FA agreed with the Committee's findings and recommendation that the grievor be reimbursed for the maximum allowed under CBI 210.801 for education expenses for the 2004/2005 academic year.