# 2015-237 - Leave Entitlement, Relocation

Leave Entitlement, Relocation

Case Summary

F&R Date: 2015–11–17

The grievor, a Naval Reserve officer, took training relating to his occupation in the summer of 2014 while on Class B Reserve Service. His commander granted him two days of special leave (relocation) before and after the training session, thus extending his period of service by nine days (including the weekend and an additional day of annual vacation). Naval Reserve Headquarters asked that these additional days be disallowed as per a directive sent by email via the Training Superintendent Clerk, and that the balance corresponding to these days be recovered. The grievor claimed that this leave time had been duly approved and that the recovery of the corresponding balance caused him serious harm.

The Initial Authority determined that, since the grievor was not qualified in his occupation, he was not entitled to the leave in question, and that it had been granted without the proper authorization.

The Committee noted that there was no definition of “career service person” as it applies to reservists. Given that the grievor had been employed as a Naval Reserve officer on a number of occasions prior to his occupational training, the Committee found that he could not be considered as a newly enrolled member, and so, was eligible for this leave. The Committee also noted that an email from a non-commissioned officer was not sufficient to override the authority conferred upon the grievor's commander. For these reasons, the Committee determined that the special leave (relocation) had been granted in accordance with the policy and that the claw back was not justified.

Finally, the Committee re-evaluated the awarding of annual vacation time and determined that the period of service had been unilaterally shortened, as the grievor had returned on the evening of the last day of training, rather than the next day. The Committee therefore recommended that an additional day of leave be granted to the grievor, to be added to his balance.

CDS Decision Summary

CDS Decision Date: 2016–02–25

the FA agreed with the Committee's findings and recommendation that an additional day of leave be granted to the grievor, to be added to his balance.

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