# 2013-051 Pay and Benefits, Dependants, Education Allowance

Case Summary

F&R Date: 2013–09–10

The grievor was seeking education allowance for his dependant children while he attended language training in Ottawa. It was the grievor's contention that his circumstances were similar to another member who, the grievor reports, was given an education allowance for his dependants while that member was on language training. He also argued that Foreign Service Directives (FSD) 33 and 34 were applicable to his circumstances.

The Initial Authority denied the grievance, concluding that his circumstances did not meet the conditions required by FSD 33 or 34, nor by the Compensation and Benefits Instructions (CBI), Chapter 12, the Canadian Forces domestic policy governing members posted within Canada.

In consideration of the grievor's arguments, the Committee reviewed FSD 33 which specifically states that its purpose is to provide financial assistance to career foreign service employees and RCMP Liaison Officers. As a Canadian Forces member, the grievor had no entitlement to financial assistance under this policy.

The Committee also considered FSD 34 which specifies that its purpose is to provide financial assistance to employees serving abroad. The grievor was serving in Canada prior to, and at the time of his language training; therefore, his circumstances did not meet the intent of FSD 34.

Finally, the Committee considered CBI Chapter 12, the domestic policy that applied to the education of the grievor's dependant children while he was posted in Ottawa. The Committee found that the grievor elected to have his children continue in the private education system upon return to Canada following a posting out of the country, rather than have them attend the “nearest local public school” as stipulated in CBI paragraph 12.1.02(3), hence there was no entitlement to an education allowance.

Having considered the grievor's arguments, and given that the grievor did not meet the conditions at CBI paragraph 12.1.02(3), the Committee recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2013–10–31

The CDS agreed with the Committee's findings and recommendation that the grievance be denied.