# 2018-001 Pay and Benefits, Imposed Restriction, Separation Expense

Case summary

F&R Date: 2019-04-29

The grievor argued that she should not have to reimburse the Separation Expense (SE) that was paid to her, since when planning her posting, the Canadian Armed Forces (CAF) had confirmed to her that she was entitled to rent furniture from an individual.

The Initial Authority (IA) specified that the administration had the duty to correctly inform the grievor regarding the restriction on rentals. However, the IA denied the grievance, explaining that to be eligible for reimbursement of SE, the grievor was required to rent her furniture from a furniture rental company.

The Committee found that the grievor was not eligible for reimbursement of the SE. However, it found that it was reasonable for her to rely on the information conveyed by the clerks responsible for applying the policy.

Furthermore, the Committee noted that, for almost two years, several CAF clerks had approved SE claims submitted by the grievor to cover her expenses for renting furniture from an individual.

The Committee recommended that the Chief of the Defence Staff forward the grievance file to the Director Claims and Civil Litigation for the latter to review the option to offer a settlement to compensate the grievor for the furniture rental expenses incurred.

FA decision summary

The Acting Chief of the defense staff (Acting CDS) concurred with the Committee's findings and recommendations to grant redress to the grievor. The Acting CDS agreed with the Committee that the grievor had suffered financial hardship because of an error by clerks responsible for imposed restrictions, and that her situation met the requirements of Compensation and Benefits Instruction 208.801 (Special Powers of the Minister - Relocation Expenses) to grant reimbursement of all reasonable expenses incurred. Accordingly, he directed Military Personnel Command to ensure that the grievor was reimbursed for the amount recovered as well as the amount paid by the grievor for furniture rental.