# 2014-184 - Leave Travel Assistance, Separation Expense (SE)
F&R Date: 2014–12–30
The grievor, a member of the Primary Reserve (P Res) with 25 years of prior Regular Force (Reg F) service, underwent a Component Transfer (CT) back to the Reg F. His Enrolment Transfer Posting instruction authorized a restricted posting to another province.
The grievor contested the decision not to grant him the Separation Expense (SE) and the Leave Travel Assistance (LTA) during his posting, arguing that he met all the conditions required to be eligible to receive these benefits.
The Initial Authority (IA) denied the SE on the basis that the grievor failed to meet one of the eligibility criteria which required that his posting be prohibited or restricted and that he was not entitled to SE on a first posting after CT. The IA also denied the LTA, on the basis that the grievor was not entitled to the SE.
The Committee had to determine whether the grievor was entitled to the SE and to the LTA.
The Committee compared the grievor's situation to the SE entitlement and exclusion criteria found within Compensation and Benefits Instructions (CBI) 208.997(3) and 208.997(5). The Committee found that the grievor met all the entitlement criteria in that: his immediate former place of duty was in Canada at his P Res unit; he had a principal residence in Canada; he was posted to a new place of duty in Canada; he was entitled to move his Dependants Household Goods and Effects ((D) HG&E); his move was restricted for service reasons; he did not move his (D)HG&E; he occupied an accommodation at his new place of duty and his dependants resided at his principal residence. The Committee found that none of the exclusion criteria applied to the grievor or his circumstances. Accordingly, the Committee found that the grievor was entitled to the SE for the duration of his posting.
The Committee examined the entitlement criteria for the LTA contained in CBI 209.50(3) and established that, because the Committee had found that the grievor was entitled to the SE, he now met all the entitlement criteria. Accordingly, the Committee found that the grievor was entitled to claim LTA expenses for one trip to meet with his dependants.
The Committee recommended that the grievor be paid SE for the duration of his posting and that he be reimbursed the eligible expenses he incurred for one trip to meet with a family member while on the restricted posting.
CDS Decision Summary
CDS Decision Date: 2015–06–19
The CDS agreed with the Committee's findings and recommendations and granted the grievance.
- Date modified: