# 2012-091 Pay and Benefits, Relocation Benefits, Relocation Expenses

Case Summary

F&R Date: 2012–10–29

The grievor submitted a total of five grievances concerning entitlement to benefits and/or reimbursement of expenses resulting from his relocation on posting and attach-posting. In all cases the grievor requested adjudication from the relocation adjudication section of the Director Compensation and Benefits Administration (DCBA) on the basis that his circumstances differed from those depicted in the Canadian Forces Integrated Relocation Program policies. In one grievance, the grievor contended that the delay in the normal adjudication process by the DCBA was far too long and unreasonable. As redress he requested that decisions be rendered without delay.

The grievor subsequently informed the Board that he had received decisions, only one of which was favourable. The grievor basically re-submitted his original grievances which, for unknown reasons, were redirected to the Board for its review without having been forwarded to an initial authority (IA) for determination.

The Board found that, with the exception of the grievance concerning the adjudication process which was now moot since the grievor did receive the requested decisions, the remainder of the grievances were submitted prematurely because the grievor was still awaiting decisions from the DCBA at the time of submission. The Board could not therefore address them as they did not relate to any decision, omission or act made in the administration of the affairs of the Canadian Forces (CF). Besides, in the Board's opinion, doing so before decisions were rendered would prevent the grievor from subsequently grieve those decisions should he disagree.

Concerning the grievor's more recent submissions, the Board found that they constituted new grievances which should have been submitted through the grievor's Commanding Officer and redirected to the proper IA in accordance with articles 7.06 and 7.07 of Queen's Regulations and Orders for the Canadian Forces. The Board could not review these grievances as doing so would be akin to allowing CF members to submit their grievances directly to the Board.

The Board recommended that the grievance concerning the reimbursement of real estate commission be closed as it had been resolved to the grievor's satisfaction.

The Board recommended that the other grievances be close as they were invalid grievances, having been submitted prematurely.

Finally, the Board recommended that the submissions made by the grievor on 19 October 2012, be registered and treated as new grievances by the Director General Canadian Forces Grievance Authority, thus giving the appropriate IA the opportunity to adjudicate these grievances as required by regulations.

CDS Decision Summary

CDS Decision Date: 2013–12–19

The CDS disagreed with the Committee that the grievor had to wait for a DCBA adjudication regarding his claims before submitting his grievance. The CDS concluded that the lack of responsiveness of the DCBA adjudication was an omission that could be grieved. Also, the CDS found that the grievor had been aggrieved when he was provided advice regarding his entitlement by the relocation consultants. Having reviewed the grievor's individual claims, the CDS concluded that the grievor had received the relocation benefits he was entitled to and denied redress.