# 2012-052 Pay and Benefits, Integrated Relocation Program (CF IRP)

Case Summary

F&R Date: 2012–06–28

The grievor, a Regular Force member, was posted on a course for less than one year with his move of dependants, household goods and effects restricted. He obtained the Director Compensation and Benefits Administration (DCBA) approval to delay his decision to sell his principal residence or elect to receive the Real Estate Incentive (REI) benefit. The grievor then rented his house and proceeded on his course. His dependants accompanied him at his own expense.

During his course, the grievor was advised that he would not be posted back to the geographical area in which his house was located. He then requested the benefits applicable to the sale of a principal residence but was denied by the DCBA on the basis that he had not occupied the house immediately prior to his posting as required under the Canadian Forces Integrated Relocation Program (CF IRP).

The issue before the Board was whether the grievor was entitled to the benefits applicable to the sale of his principal residence upon posting.

The initial authority (IA), the Acting Director General Compensation and Benefits, denied the grievance because the grievor had rented out his house while posted on course. The IA noted that the original extension request should not have been authorized. He also acknowledged that this error led to inappropriate advice for the grievor, prompting the DCBA to exercise his delegated Ministerial authority to approve the REI benefit in arrears.

The Board found that the grievor was not occupying the house immediately prior to its sale and that this was one of the eligibility conditions clearly set out in the CF IRP. The Board therefore found that the grievor was not entitled to receive the benefits applicable to the sale of a principal residence and recommended that the Chief of the Defence Staff deny the grievance.

The Board further recommended that the grievor be advised that he could submit a claim against the Crown to the Director Claims and Civil Litigation should he believe he was a victim of negligent misrepresentation.

CDS Decision Summary

CDS Decision Date: 2013–02–14

The CDS agreed with the Board's recommendations and denied the grievance.