# 2013-002 - Annual Leave, Entitlement to Annual Leave, Leave Entitlement, Reserve Force

Annual Leave, Entitlement to Annual Leave, Leave Entitlement, Reserve Force

Case Summary

F&R Date: 2013–05–15

The grievor was employed on a period of Class B Reserve service for a total of 106 days. In accordance with the Canadian Forces leave policy, he was entitled to seven days of annual leave. The grievor worked a normal Monday to Friday routine for the first 46 days, expending one day of annual leave. For the remaining 60 days, the grievor worked a shift schedule where he would be required to work six days followed by three days off. The three days off would consist of two days off [equal to weekends] plus one day annual leave. Following several amendments, the grievor ended up being on duty for 42 days and having 18 non-working days which, he was told, included his annual leave. The grievor believed that he had been disadvantaged and sought additional annual leave.

The unit Commanding Officer (CO) was identified as the Initial Authority (IA). He concluded that the duty/leave schedule was fair, adhered to applicable policies and supported the mission and operational requirements. He further explained that the schedules were based on an eight day rotation of five days on, followed by three days off where one of the days off would either be annual leave or compensation for a statutory holiday. The IA found that the grievor was sufficiently compensated for his duty time and denied the grievance.

Since the first 46 day period was not in question, the Board focussed on the 60 days where the grievor did not work a normal Monday to Friday routine. During that period, the Board calculated that a normal routine would include 16 weekend days and two statutory holidays. Thus, it would be reasonable for a schedule to contain a total of 18 non-working days, not including any annual leave. Therefore, the Board found that the grievor should be compensated for six unused days of Annual Leave and recommended that the grievance be upheld.

In reviewing the case, the Board was concerned by the IA's view that the duty/leave cycle was fair because it provided “adequate” or “sufficient” leave in the duty cycle while meeting the mission. The Board was of the view that it is not open to the CO to determine leave entitlements on the basis of what he judges he can afford while still fulfilling his operational mandate. Rather, the discretion available to the CO is found in the authority to grant or deny the leave. Leave entitlements are determined by the Canadian Forces leave policy. It was clear from the evidence on the file that the grievor was not the only unit member affected and that the issue of statutory holidays and annual leave had been a subject of other grievances over the years. Therefore, the Board made a systemic recommendation that the unit's leave policy be brought in line with the Canadian Forces leave policy and that the leave records of unit members be reviewed and amended as necessary for the past few years.

CDS Decision Summary

CDS Decision Date: 2014–05–29

The Final Authority (FA) agreed with the Committee's decision to uphold the entire grievance, but on slightly different grounds. The FA was of the opinion that working beyond an average Monday-to-Friday schedule does not automatically mean that compensation has to be attributed. To work beyond normal work or shift schedules does not automatically entitle one to compensatory off-duty time. However, it is a command responsibility to ensure that adequate leave and off-duty time be provided to Canadian Armed Forces personnel. After close examination of all the information in the grievance, the FA determined that the grievor's situation met the conditions required for short leave. Therefore, the FA directed that two days of annual leave be changed in two days of short leave, one statutory holiday be paid, and that the remaining three days of annual leave be paid out in accordance with Compensation and Benefits Instructions 205.75.

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