# 2018-056 Pay and Benefits, Compensation for disability - Reserve Force, Reserve Force

Case summary

F&R Date: 2019-02-07

The grievor initially complained that the amount of Reserve Force Compensation (RFC) he was awarded due to injury was not fair compensation for his lost civilian income. He argued that his civilian pay level should have been taken into consideration in determining his RFC award and he stated that he decided to proceed with his surgery based on the assumption that he would recover his entire civilian wages for that period.

Following disclosure of the Initial Authority (IA) grievance synopsis, the grievor acknowledged that the Compensation and Benefits Instructions for the Canadian Forces 210.72 establishes that the rate of pay to be applied over a qualified period of RFC compensation does not include any consideration of civilian wages. However, the grievor then argued that the policy is prejudicial against gainfully employed part-time Reservists who are unable to recover all of their civilian wages lost due to a service injury.

As redress, the grievor sought a change in policy and reimbursement of the difference between his civilian rate of pay and the amount he was awarded based on his military rate of pay.

There was no IA decision on the file as the IA did not render a decision within the four-month time limit.

The Committee found that the grievor had no entitlement to receive RFC compensation based on his civilian rate of pay and recommended that the Final Authority (FA) not afford redress.

The Committee noted that the RFC policy was under review and encouraged the Chief of the Defense Staff to ensure that the review results in a well articulated description of the purpose of the indemnity and that it fully addresses the unique employment situations of all Reservists.

FA decision summary

The FA agreed with the Committee's findings and recommendations.