# 2016-085 - Allowances and Benefits, Temporary Duty Benefits
Allowances and Benefits, Temporary Duty Benefits
F&R Date: 2016–08–05
The grievor, who participated in Operation (Op) REASSURANCE for a period of four months, was denied reimbursement of his costs for Custodial Expenses and Personal Motor Vehicle (PMV) storage. The grievor believed that, per his joining instructions, he should have been attached posted rather than sent on Temporary Duty (TD). He also argued that because he was single and attempting to sell his home, it was necessary to hire a company to care for his home and to store his PMV to prevent damage.
The Initial Authority (IA), the Commander Canadian Joint Operations Command, denied the grievance, finding that the benefits in question fell under the Military Foreign Service Instruction (MFSI) and could not be applied to members on TD.
The Committee reviewed the definitions in the MFSI, noting that a deployment is for the purpose of an operation and does not include military training. The MFSI also states that the entitlements of a member on TD are set out in the Canadian Forces Temporary Duty Travel Instruction (CFTDTI).
The Committee noted that the Chief of the Defence Staff (CDS) had recently reiterated that TD was the appropriate method of assignment for the deployment in question. Given that the grievor's component of Op REASSURANCE did not meet the MFSI definition of “operation” because its members were conducting military training, the Committee found that the grievor was appropriately on TD, and that his entitlements were pursuant to the CFTDTI and not the MFSI.
However, given the link between the expenses incurred and the grievor's participation in OP REASURANCE, the Committee considered whether the expenses could be reimbursed using the discretion available under s.4.01 of the CFTDTI. The Committee found that the grievor's expenses for custodial care could not be reimbursed because these expenses are already addressed through the incidental expense allowance provided under the CFTDTI.
However, the Committee could find nothing in the description of incidentals under the CFTDTI (per the National Joint Council Directive) to suggest that PMV storage expenses are included. The Committee concluded that PMV storage was reasonable in the grievor's situation and found that the exercise of CDS discretion under s.4.01 of the CFTDTI was warranted.
The Committee recommended that the CDS use his discretion under CFTDTI, s.4.01, to reimburse the grievor's PMV storage expenses.
FA Decision Summary
The FA does not agree with the Committee's recommendation to reimburse the grievor for his PMV storage expenses. The FA concluded that there was no provision for PMV storage expenses for CAF members on TD. The FA found that the grievor's circumstances did not meet the criteria under section 4.01 of the CFTDTI for the CDS to use his discretion and reimburse the grievor's PMV storage expenses.
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