# 2018-077 Pay and Benefits, Canadian Forces Integrated Relocation Program, Real estate and legal fees

Case summary

F&R Date: 2019-12-20

The grievor challenged the denial of the Real Estate Incentive (REI) benefit. The Initial Authority found that the grievor was not entitled to REI because he did not apply for it within the time limit set in the Canadian Forces Integrated Relocation Program (CFIRP) Directive.

The Committee examined whether the grievor had elected to apply for the REI within 15 working days as prescribed by article 8.2.14 of the CFIRP Directive. It noted that in a previous grievance, 2015-139, the Chief of the Defence Staff had agreed with the Committee's finding that CFIRP article 8.2.14 does not provide that Canadian Armed Forces members who elect not to sell their principal residence must sign the election within 15 days of BGRS receiving the real estate appraisal. In the present case, the Committee found that the evidence supported the conclusion that the grievor had made and had informed BGRS of his decision to apply for the REI within the 15 day time limit, but that the associated administrative formalities were delayed for reasons beyond the grievor's control.

Accordingly, the Committee recommended that the Final Authority (FA) afford the grievor redress by granting him the REI relocation benefit.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's recommendation to uphold the grievance and grant the REI benefit to the grievor. The FA agreed with the Committee's interpretation that section 8.2.14 (Real Estate Incentive) does not require that the election be made by signing the form within 15 days of receiving the appraisal; it only provides that the election must be made within 15 days. The FA accepts the grievor's contention that he made the election in time, noting indications to that effect in the file. The FA also takes into consideration the grievor's personal circumstances, stating that she treats the case as an exceptional circumstance. The FA directed the Director General Compensation and Benefits to pay the REI benefit to the grievor.