# 2014-028 - Breach of Contract/Promise, Recruitment Allowance

Case Summary

F&R Date: 2014–06–05

The grievor contested the refusal of the Canadian Armed Forces (CAF) to pay him a recruitment allowance that he had been promised at the time of his re-enrolment.

The grievor said that he agreed that he was no longer eligible for the recruitment allowance under the applicable policies and directives on the date when his re-enrolment was confirmed. However, he asked that the CAF respect their commitment and pay him the recruitment allowance to which he was entitled when he completed his first re-enrolment application, since at that time his trade appeared on the list of understrength occupations eligible for that allowance.

The Committee noted that the grievor had not been able to re-enrol immediately in the CAF, since the offer was conditional on his meeting the medical standards. Because of a medical condition, two years elapsed before he could obtain the authorization to re-enrol. The Committee also noted that effective 1 April of the year of the initial offer of re-enrolment, the grievor's trade was no longer included on the list of understrength occupations. Consequently, the grievor no longer met the criteria of the Compensation and Benefits Instruction (CBI) 205.533, the applicable policy at that time, which required that the member be assigned to a Military Occupation which, on the date of enrolment or transfer, appeared on the list of understrength occupations.

The Committee accordingly concluded that the grievor was not eligible for a recruitment allowance. It recommended that the Chief of the Defence Staff deny the grievance.

CDS Decision Summary

CDS Decision Date: 2015–01–19

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