# 2014-086 - Claims Against the Crown, Recruitment, Relocation Benefits

Case Summary

F&R Date: 2014–08–20

The grievor attended a Canadian Forces Recruiting Centre (CFRC) and indicated that in order to join the Canadian Armed Forces he would have to sell his house. He was then told by the Military Career Counselor (MCC) that he would obtain a refund of his real estate and legal fees once his training was completed which would be within the time allowed for the reimbursement of such fees. Unbeknownst to the MCC, the grievor was sent for additional training which delayed his first posting after enrolment. The grievor then sought reimbursement of the fees which was denied because he was outside the authorized time limits.

The Initial Authority (IA), the Director General Compensation and Benefits, denied the grievance because his house was sold outside the authorized time limits. The IA explained that the Canadian Forces Integrated Relocation Program (CF IRP) provided that, on a first move after enrolment, benefits could only be claimed if the sale was within one year prior the change of strength (COS) date or the shipment of Household Goods and Effects, whichever was earlier. The IA explained that since the grievor had sold his home one year and five months prior to his COS date, he was not entitled to the benefits.

The Committee agreed with the IA that the grievor's house was sold outside the CF IRP authorized time limits and therefore he was not entitled to relocation benefits.

However, the Committee found it unfortunate that the MCC provided the grievor with incomplete information with respect to his expected training schedule, which impacted the date of his first posting with an authorized move and associated relocation benefits. It was reasonable for the grievor to trust and rely on the information provided by the MCC at the CFRC and act accordingly when he sold his house after his enrolment.

Accordingly, the Committee recommended that the grievance be denied, but that the Chief of the Defence Staff refer the grievor's file to the Director of Claims and Civil Litigation for consideration as a claim against the Crown.

CDS Decision Summary

CDS Decision Date: 2015–02–25

The CDS did not agree with the Committee's recommendation that the grievor's case be referred to DCCL for an assessment of a potential entitlement to financial compensation. The CDS was of the view that there was no evidence that the grievor was provided with incorrect or incomplete information by CFRC. The CDS found that the grievor did not sell his house as a result of information he received from military authorities.