# 2013-034 Pay and Benefits, Allowances and Benefits, Environmental Allowances, Land Duty Allowance, Medical Employment Limitation (MEL)

Case Summary

F&R Date: 2013–06–28

The grievance relates to the cessation of Land Duty Allowance (LDA). The grievor's unit ceased his LDA after being notified that the grievor was awarded a permanent medical category with Medical Employment Limitations (MEL) that warranted an Administrative Review. The issue to be determined was whether the grievor remained entitled to the LDA beyond the cessation date.

The Initial Authority denied the grievance, finding that the grievor had been assigned MEL that did not permit him to operate in a field environment and rendered him unfit field. The Initial Authority concluded that the grievor's allowance was correctly ceased in accordance with paragraph 6 of the Compensation and Benefits Instruction (CBI) 205.33, which states that LDA “ends on the earliest day on which the member … is assigned a permanent medical category with medical employment limitation indicating unfit field environment”.

The grievor contended that he was never assigned a MEL stating that he was “unfit field environment” and that he was still entitled to receive LDA until posted from the unit.

In the case at hand, the Commanding Officer (CO) exercised his judgment to determine that the grievor was unfit field after receiving notification that a permanent medical category with accompanying MELs had been approved by the Director of Medical Policy and that Director Military Careers Administration had initiated an Administrative Review/MEL.

The Committee considered the grievor's specified MEL and found that, as a result of those MEL, the grievor was unable to perform the general military duties required by the Universality of Service principle, as set out in Defence Administrative Order and Directive 5023-0. The Committee further concluded that the grievor was unable to meet minimum operational standards as a result of his MEL and, therefore, was unfit to serve in any environment, including the field. As such the Committee found that the CO's determination that the grievor was unfit field was correct and that his decision to cease payment of the LDA benefits was reasonable and in accordance with the intent of the CBI.

However, the Committee observed that the CBI policy direction could benefit from further clarity in terms of which Canadian Forces authority is expected to cease a member's LDA benefit and specifying the criteria to be used in determining that a member is no longer fit to operate in the field.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2013–10–21

The CDS agreed with the Board's findings and recommendation that the grievance be denied. The CDS also agreed with the Board's observation that CBI 205.33 should be clearer and he asked the CMP to consider whether formal measures are required in order to ensure its transparency and consistency.