# 2012-154 Pay and Benefits, Reserve Force, Temporary Duty Benefits

Case Summary

F&R Date: 2013–03–28

While the grievor was completing a period of reserve service on Class B in his employing unit, he was approached by the Commanding Officer (CO) of his home unit to fill an operational need. The CO arranged with the grievor for the reimbursement of travel costs given the distance between the grievor's home and his home unit (175 kilometres). The COs of the two units in question authorized the grievor to perform voluntary service in his home unit in accordance with Chief of Military Personnel Instruction 20/04 – Administrative Policy of Class “A”, Class “B” and Class “C” (Instruction 20/04). When reviewing the claims, the employing unit sought the advice of the Director Compensation and Benefits Administration, who determined that the grievor was not entitled to any benefits for the voluntary service performed at his home unit; he was denied reimbursement.

The grievor filed a grievance alleging that he had received authorization for reimbursement of his travel expenses, a major factor in his decision, and that he should be compensated. The Initial Authority denied the grievance, indicating that the grievor's travel expenses might have been authorized had the grievor been on temporary duty rather than on voluntary service.

The Board determined that the concept of voluntary service formulated in Instruction 20/04 did not match the grievor's situation. The Board therefore concluded that both the recommendation of the home unit CO and the approval of the employing unit CO were unreasonable given the 175-kilometre distance that grievor had to travel and the grievor's duties at the employing unit. According to Instruction 20/04, the distance to be covered and operational requirements are among the factors to be considered.

In addition, since the home unit CO had confirmed that he had an operational requirement that could not be adequately met internally, the Board felt that another means, eg, a task request, should have been considered rather than authorizing the grievor to do voluntary service at home unit.

The Board therefore concluded that it would be appropriate to place the grievor on temporary duty for his periods of employment at his home unit. Considering the information on file and the fact that the Chief of the Defence Staff has the authority to place the grievor on temporary duty retroactively, the Board recommended that he uphold the grievance.

CDS Decision Summary

CDS Decision Date: 2013–08–29

The CDS agreed with the Boar's findings and recommendation that the grievance be upheld.