# 2015-114 - Administration of Operational Allowances, Temporary Duty Benefits

Case Summary

F&R Date: 2015–07–21

The grievor submitted that he had been treated unfairly by the CAF because he did not receive the operational allowances he was entitled to for his service in Romania. Moreover, he argued that he is entitled to the hardship and risk allowances because there were risks associated with his posting because Operation (Op) REASSURANCE was an operation, not an exercise.

Regarding Op REASSURANCE, the CDS had stated: “while a particular CAF deployment can be designated as an operation, this does not inherently result in an entitlement to operational allowances under MFSIs [Military Foreign Service Instruction]” and “the MFSIs must still be applied based on the actual activities which in this case were of a training nature.”

There was no Initial Authority decision as it was determined that the CDS had approved the status of Op REASSURANCE.

The Committee explained that the CDS considered the different options and chose to send the Air Task Force (ATF) members in Romania to conduct military training. Furthermore, he explained that as the CAF top ranking officer and responsible for control and administration of the CAF, the CDS must be given a degree of deference when comes time to deploy his military forces.

Consequently, the Committee found that the ATF component of Op REASSURANCE does not meet the MFSI definition of operation because its members were on an exercise and were conducting military training in Romania. As a result, the Committee found that the grievor was on Temporary Duty (TD) in Romania.

Considering that, in accordance with paragraph 10.2.05(4) of the MFSI, a member who is on TD is only entitled to a risk allowance as set out in article 10.3.07 - Risk Allowance, the Committee found that the grievor is not entitled to a hardship allowance for his service in Romania. The Committee also found that, in accordance with article 10.3.07 of the MFSI, the grievor is not entitled to a risk allowance because the primary activity of the Royal Canadian Air Force was to conduct military training.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2016–03–09

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