# 2019-142 Pay and Benefits, Recovery of overpayment

Recovery of overpayment

Case summary

F&R Date: 2021-02-11

The grievor was concerned that the Regimental Orderly Room (ROR) mishandled the recovery of her pay and so she requested detailed explanations for each pay, pension and tax adjustment. Unsatisfied with the explanations received, she submitted a grievance, arguing that the chain of command (CoC) mishandled her overpayment recovery. Subsequently, she submitted a second grievance regarding the mishandling of her first grievance, asking that the actions of the CoC be investigated.

The Initial Authority (IA) found that the grievor had been provided with the required documentation to substantiate the recovery of her pay. However, he agreed that the CoC miscommunicated that information and potentially treated the grievor in an unprofessional manner. Consequently, the IA explained that he would assess each incident submitted by the grievor on a case-by-case basis. However, he would not advise her of the outcome. 

The Committee found that the grievor had been aggrieved by the poor administration of her pay recovery. However, the Committee noted that the grievor received full disclosure of the adjustments made to her pay, pension and taxes. In fact, the grievor indicated that she now considered this issue resolved.

Regarding the CoC's actions, the Committee found that the she showed a lack of respect for the grievance process, in general, and for the grievor's procedural rights, in particular. However, the Committee noted that it would be inappropriate to make recommendations regarding the members of the grievor's CoC since the decision to issue remedial measures is a function rightly belonging to the Canadian Armed Forces (CAF) leadership.  

The Committee recommended that the Final Authority (FA) express regret for the stress that the grievor endured regarding the CAF pay errors, the failure of the ROR to provide detailed information regarding the recovery of the overpayment and for the poor administration of her grievances by the CoC.

FA decision summary

The FA, the Commander of the Canadian Army, agreed with the Committee's recommendation that the grievor be granted redress. The FA expressed regret regarding the stress and difficulties experienced by the grievor related to the grievance process. The FA directed the responsible Commander to review the actions of the grievor's chain of command, with respect to the handling of the grievance, and take any action deemed necessary. The FA noted that the grievor had acknowledged receiving the information sought regarding the recovery of funds. 

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