# 2013-037 Pay and Benefits, Allowances and Benefits, Temporary Duty Benefits, Transportation Expenses

Case Summary

F&R Date: 2013–06–28

Following the completion of her placement with a local civilian hospital as part of the annual Maintenance of Clinical Skills Program (MCSP), the grievor requested reimbursement of the parking expenses she incurred while working temporarily away from her normal workplace but still within the same place of duty.

Prior to the start of the grievor's MCSP placement, she had been advised that the parking expenses were reimbursable. However, after commencing the placement, the Director Compensation and Benefits Administration (DCBA) provided a ruling to the MCSP Manager at Canadian Forces Health Services Group Headquarters (CFHSG HQ) indicating that such parking fees were not reimbursable for local MSCP placements in accordance with the Canadian Forces Temporary Duty Travel Instruction (CFTDTI). As a result, the grievor's chain of command reimbursed only the parking expenses incurred prior to the date that they were notified of the DCBA ruling, leaving her with out of pocket for the remainder of her MCSP parking expenses incurred.

The grievor noted that, prior to signing her MCSP placement agreement, CFHSG HQ had advised that funding had been approved and that parking expenses incurred during MSCP placements were reimbursable. In the grievor's view, this advice should have been respected for the duration of her MCSP placement.

The Committee first noted that benefits and entitlements are based on Treasury Board approved policy and that, in this case, the applicable policy was contained in the CFTDTI. Because the grievor's MCSP placement in a local civilian hospital required a temporary workplace change inside of her place of duty (as defined by article 2.02 of the CFTDTI), the Committee concluded that the CFTDTI, Chapter 5, Travel Within Place of Duty, applied to her situation - specifically, article 5.28, Disruption – Temporary Workplace Change.

The Committee then looked at the four conditions set-out by article 5.28 and concluded that only one condition was in question; that being the requirement to have advised the grievor in writing and at least 30 days beforehand – of her workplace change. Based upon the evidence, the Committee found that the grievor had not been advised in writing at least 30 days beforehand of her workplace change and that she was, therefore, entitled to reimbursement of her parking expenses up to a maximum of 60 days.

The Committee recommended that the Chief of the Defence Staff uphold the grievance by reimbursing the grievor's remaining parking expenses while respecting the 60-day limit stipulated in policy.

CDS Decision Summary

CDS Decision Date: 2014–07–22

Case withdrawn at Final Authority Level.