# 2019-158 Pay and Benefits, Foreign Service Directives, Foreign Service Premium Calculation, Military Foreign Service Instruction

Case summary

F&R Date: 2019-08-23

The grievor challenged the cessation of his foreign service benefits effective the day of his departure from his out of Canada (OUTCAN) posting. The grievor had been posted OUTCAN, then posted back to Canada for one day and posted back to the OUTCAN post the following day but used other available leave benefits to extend his stay in Canada. The Initial Authority denied the grievance on the basis that the cessation of benefits was based on the grievor's change of strength dates for his departure and arrival at the post.

The Committee found that the Military Foreign Service Instructions (MFSI) of the Compensation and Benefits Instructions for the Canadian Forces are intended to ensure that Canadian Armed Forces (CAF) members serving OUTCAN are no better or worse off than their counterparts serving in Canada. In the grievor's case, the cessation of his MFSI benefits coincided with his posting to Canada. The subsequent posting back to the OUTCAN post then triggered his eligibility for Canadian Forces Integrated Relocation Program (CFIRP) benefits, which the grievor was able to take advantage of.

The Committee found that the cessation of the grievor's MFSI benefits upon his posting from the OUTCAN post to Canada, the granting of CFIRP benefits upon his posting from Canada back to the OUTCAN post, and the re-commencement of MFSI benefits once he returned to the OUTCAN post was fully compliant with CAF policy and recommended that the grievance be denied.

FA decision summary

The Final Authority (FA) agreed with the Committee's findings and recommendations. The FA rejected the grievor's argument that the posting back to Canada - in order to effect the change from prohibited to authorized move of dependants, household goods and effects - was purely administrative. The FA stated that the change of strength date and not the duration of the posting is the determining factor in establishing eligibility for the benefits.