# 2015-229 - Reserve Force

Case Summary

F&R Date: 2015–08–21

The grievor argues that he has been denied the opportunity to apply for the payment in lieu (PIL) of the Canadian Forces Severance Pay (CFSP) through no fault of his own and due to exceptional circumstances, having been on extended sick leave during the election period. The grievor alleges that he was never made aware of his right to make an election. He therefore requested to be granted the right to elect an immediate PIL of CFSP pursuant to Compensation and Benefits Instructions (CBI) 204.40 - Canadian Forces Severance Pay.

The Initial Authority (IA),denied the grievance having found that in accordance with article 1.21 of the Queen's Regulations and Orders for the Canadian Forces (QR&O) and Defence Administrative Orders and Directives (DAOD) 1000-2 (Communicating Direction in the DND and the CF), the grievor received sufficient notification of his right to elect PIL of CFSP. The IA noted that one CBI and four CANFORGENs were been published on the subject prior to the grievor being placed on extended sick leave.

The Committee explained that the CBI, the approved Treasury Board regulation, expressly prohibits the acceptance of an election made before or after the election period. The CBI allows no discretion - exceptional circumstances or not.

The Committee also agreed with the IA that the grievor received sufficient notification of the changes to the previous severance pay benefit provisions. It added that the CBI does not require that each CAF member receive an individual written offer of election but rather suggests that CAF members must be informed of the period during which an election could be made.

The Committee recommended that the grievance be denied.

CDS Decision Summary

CDS Decision Date: 2015–09–29

Case withdrawn at Final Authority level.