# 2015-245 - Imposed Restriction (IR), Relocation Expenses

Case Summary

F&R Date: 2015–11–30

While on a posting and on authorized imposed restriction (IR) status, the grievor was selected for a one-year posting abroad that did not allow the relocation of his dependents, household goods and effects. The grievor took steps to have his personal belongings (unaccompanied baggage ) transported to his primary residence for the duration of his posting abroad. Unit administrative staff at the Director Compensation and Benefits Administration (DCBA) informed the grievor that he should store his UAB at his place of duty, since he would have to vacate the residence he had occupied during his IR, and that he should do so using the Central Material Transportation Terminal (CMTT). Upon receiving this notice, the grievor personally rented a storage space at his place of duty, believing this to be the most efficient and cost-effective way of proceeding. When he returned from his posting abroad, the grievor shipped his UAB from the storage location to his new place of duty in the geographical region of his primary residence. The grievor requested the reimbursement of the costs incurred for the storage and shipping of his UAB.

The initial authority (IA) partially allowed the grievor's grievance, indicating that the grievor should be reimbursed for the costs incurred for the shipping of his UAB. The IA added, however, that the UAB should not have been stored since the grievor had left his place of duty for good and that, according to the applicable policies, these costs could not be reimbursed.

The Committee had to determine whether the grievor was entitled to be reimbursed for the costs he had incurred to store and ship his UAB while he was posted abroad.

The Committee found that, although the grievor was no longer entitled to separation expenses according to the provisions of sub-paragraph 208.997(5)(o) of the Compensation and Benefits Instructions (CBI) because of his posting abroad, he could have been entitled to the reimbursement of his storage costs if he had been on a temporary posting abroad. According to paragraph 208.997(11) of the CBI, in such a situation, Canadian Armed Forces members must be able to store their personal belongings during their temporary posting. Since the grievor left his place of duty for good, his UAB should have been sent to his primary residence before he left the country; however, this option was initially refused to him.

Even though the grievor should have made use of the CMTT for the storage of his UAB, the Committee determined that the reimbursement of the storage costs could not be refused simply because he failed to do so, since this condition does not exist in the CBI.

The Committee concluded that the storage costs incurred by the grievor constitute “reasonable expenses” associated with his relocation outside the country, and that, although they are not specifically provided for in the regulations, they are similar to those in the situation covered in paragraph 208.997(11) of the CBI.

In regards to the shipping costs, the Committee found that, since the grievor had initially been authorized to ship his UAB to his place of duty when he was on IR status, the reverse should also have applied when his IR status ended. Furthermore, the rental of a vehicle to transport his UAB was authorized, subject to certain conditions, under the Canadian Forces Integrated Relocation Program.

The Committee recommended that the storage and shipping costs incurred by the grievor be reimbursed.

FA Decision Summary

Based on CBI 209.013(2), which allows the CDS to use the minister's special power, the FA agreed with the Committee's findings and recommendations that the grievor be reimbursed the reasonable expenses associated with the storage and the shipping of his unaccompanied baggage.