# 2019-105 Pay and Benefits, Administration of operational allowances

Case summary

F&R Date: 2020-06-18

In 2009, the grievor was assigned permanent Medical Employment Limitations (MELs), which prevented him from being employed in his occupation as an infanteer. In 2013, the grievor was posted to an infanteer position in an infantry battalion; but due to his MELs, he was instead employed by another unit under an informal agreement. In April 2018, the grievor learned that because of his MELs, he would no longer be entitled to the monthly land duty allowance (LDA). The grievor claimed that he had always been eligible for the LDA even if he was not employed by an infantry battalion. He further claimed that the unit at which he was employed was a unit with monthly LDA eligibility and that he was often required to carry out tasks specific to land duty operations. He therefore requested monthly LDA payments beyond April 2018.

The Initial Authority (IA) did not grant the requested redress. The IA concluded that eligibility for a monthly LDA was dependent on the member's ability to perform the tasks specific to his occupations, and that, because of his MELs, the grievor did not meet this requirement.

The Committee found that to be eligible for LDA, the grievor had to be able to perform all the duties of the position to which he was posted. In the case of the grievor, although he was employed by another unit, he was posted to an infanteer position in an infantry battalion, and his MELs prevented him from performing the duties of this position. The Committee therefore found that the grievor had not been aggrieved and recommended that the Final Authority (FA) not grant redress.

FA decision summary

The Director Canadian Forces Grievance Authority (DCFGA), acting as FA, agreed with the Committee's findings and recommendations. Accordingly, they did not grant the redress sought by the grievor, but rather ordered that the grievor receive casual land duty allowance for the period in which the grievor is participating in an operation. The DCFGA also ordered that the grievor's MEL be reviewed and that an administrative review concerning the MEL be completed in short order.