# 2013-073 - Allowances and Benefits, Imposed Restriction (IR), Separation Expense (SE)

Case Summary

F&R Date: 2014–02–28

The grievor was in receipt of Separation Expense when the Canadian Armed Forces reduced the benefit effective 1 February 2013, midway through his posting.

The grievor argued that he had been authorized a defined set of benefits while on Imposed Restriction and complained that the rescinding of elements of the benefit, on such short notice and mid-posting, did not provide him with sufficient time to mitigate the negative financial effects of the decision.

The Initial Authority, the Acting Director General Compensation and Benefits did not adjudicate the grievance and returned the file to the grievor stating that the matter raised could not be remedied through the grievance process because the Compensation and Benefits Instructions (CBI) being grieved were Treasury Board policies.

The Committee found that the grievor had not accrued a right to Separation Expense for the duration of his posting at the outset of his posting and that the amendments to the Separation Expense applied to the grievor as they came into effect on 1 February 2013.

The Committee also found that ceasing the entitlements to the incidental expense allowance and the meal rate in the middle of the grievor's posting did not provide him with an adequate opportunity to mitigate his financial losses.

Beyond assessing the grievance on its merit, the Committee considered whether the 1 February 2013 implementation date for ceasing some of the benefits included in the Separation Expense was reasonable. Using the conditions set out in CBI 209.997 as a guide, the Committee found that ceasing the entitlements to the incidental expense allowance and the meal rate on 1 July 2013 rather than in between active posting seasons would have been more reasonable.

The Committee recommended that the CDS deny the grievance.

CDS Decision Summary

CDS Decision Date: 2015–01–15

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