# 2016-124 - Integrated Relocation Program (CF IRP), Intended Place of Residence (IPR), Relocation Benefits

Integrated Relocation Program (CF IRP), Intended Place of Residence (IPR), Relocation Benefits

Case Summary

F&R Date: 2016–09–29

The grievor, who had less than 10 years of service in the Regular Force, moved out of a Crown-owned Residential Housing Unit (RHU) at an isolated post a year prior to transferring from the Regular Force to the Reserve Force. The grievor argued that she was forced to move out of the RHU due to her release from the Regular Force and that she exercised due diligence with regard to her move entitlements based on information provided to her by Subject Matter Experts (SME), whom she claims advised her that she had an entitlement to a $10,000 Move benefit.

Subsequent to moving and incurring related costs, the grievor was informed that she had no entitlement to a local move because she had not reached pensionable status. Therefore she was only entitled to a Relocation from the Isolated Post for Release Purposes. However, as this benefit was designed to allow members a move out of an isolated post on release, it was of no value to the grievor who had purchased a home at the isolated post and intended to remain there.

The Director General Compensation and Benefits, acting as the Initial Authority (IA), found that in accordance with the Canadian Forces integrated Relocation Program (CFIRP) the grievor had no entitlement to relocation benefits for a local move due to the length of her period of service. The IA stated that he was satisfied that the grievor had relied on incorrect information provided by the SME and that the Canadian Armed Forces may bear some liability; however, he was not able to grant the remedy requested.

The Committee found that in accordance with the Department of National Defence Living Accommodation Instruction, the grievor was not required to move out of RHU; it was a personal choice to do so. The Committee also found that the grievor was not entitled to a move to an Intended Place of Residence; nor did her local move entitle her to benefits under the CFIRP Relocation from an Isolated Post for Release Purposes policy. Lastly, the Committee found that liability based on negligent misrepresentation had not been established and therefore recommended that the grievance be denied.

FA Decision Summary

The FA disagreed with the Committee's findings and recommendations and granted the redress sought.

The FA granted a local move pursuant to article 208.996 of the Compensation and Benefits Instructions based on his findings that the grievor did not release from the Canadian Armed Forces and that, as a Class A reservist, the grievor was subject to eviction from the RHU.

In regard to the latter issue, the FA found that the grievor's Res F service was Class A, with the opportunity for 180-day surges to Class B, and that this disentitled the grievor to any guarantee of an RHU. The FA found that, although the grievor never received an order to vacate the RHU, vacating would have been a logical consequence of the component transfer, either immediately or in the future, given that the grievor was a Class A reservist. The FA did not directly address the Committee's finding that the under the Department of National Defence Living Accommodation Instruction, members of the Res F, regardless of their class of service, will not be required to move out of RHU for higher priority applicants.

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