# 2018-016 Pay and Benefits, Overpayment, Post Living Differential

Case summary

F&R Date: 2019-02-08

The grievor was subjected to recovery of his Post Living Differential (PLD) allowance payments. He argued that he received confirmation from the Brookfield Global Relocation Services (BGRS) and the Orderly Room that the new residence he purchased was located within the geographical boundary of his place of duty. Consequently, he should not be responsible to pay back the entire PLD debt.

The Initial Authority (IA) found that when the grievor relocated to his new residence, he was no longer living within the geographical boundary of his place of duty and no longer entitled to PLD. The IA was, however, troubled by the series of errors which resulted in the significant debt and acknowledged the grievor's financial and personal concerns regarding the recovery. Nevertheless, he denied redress, stating that it is the duty of every officer and non-commissioned member to report and refund every overpayment.

The Committee found that the grievor was no longer entitled to PLD benefits when he moved into his new residence but concluded that the grievor had been the subject of negligent misrepresentation. The Committee found that BGRS and the Canadian Armed Forces were responsible for the errors leading to the PLD overpayment and the subsequent financial harm to the grievor.

The Committee recommended that the Final Authority (FA) send the file to the Director Claims and Civil Litigation for consideration as a claim against the crown. The Committee also recommended that the FA grant the grievor a local move into the PLD Area, if he so desires, with reimbursement for the expenses incurred in the sale of his current residence and the purchase of a replacement residence.

FA decision summary

Informal resolution.