# 2019-159 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 her foreign service benefits effective the day of her departure from her 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 her 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 her 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 inside Canada. In the grievor's case, the cessation of her MFSI benefits coincided with her posting to Canada. The subsequent posting back to the OUTCAN post then triggered her eligibility for Canadian Forces Integrated Relocation Program (CFIRP) benefits which she was able to take advantage of.

The Committee found that the cessation of the grievor's MFSI benefits upon her posting from the OUTCAN post to Canada, the granting of CFIRP benefits upon her posting from Canada back to the OUTCAN post, and the re-commencement of MFSI benefits once she returned to the OUTCAN post were 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.