# 2019-237 Pay and Benefits, Relocation benefits, Posting status and move at public expenses for Canadian Armed Forces members attending basic occupational training
Relocation benefits, Posting status and move at public expenses for Canadian Armed Forces (CAF) members attending basic occupational training
F&R Date: 2021-05-26
The grievor, upon re-enrolment in the Canadian Armed Forces (CAF) in a new occupation, sought authorization to move his dependents and his household goods and effects ((D)HG&E) at public expense. Instead, he was prohibited posted (i.e. he was posted without being authorized to move at public expense) to attend his basic occupational training. Due to extenuating personal circumstances, the grievor nevertheless relocated his (D)HG&E to his new place of duty at his own expense. As redress, the grievor not only requested reimbursement of the costs he incurred for this relocation, but also reimbursement of the penalty he paid his landlord to terminate his lease at his place of enrolment.
The Initial Authority (IA) determined that being an untrained member on the basic training list (BTL), the grievor's relocation at public expense was appropriately prohibited under Compensation and Benefits Instruction (CBI) 208.82(5). Consequently, the IA found that the grievor had been treated fairly, in accordance with the applicable policy. The IA denied redress.
The Committee found that an untrained member on the BTL could be entitled to relocation benefits under CBI 208.82 if they first met the eligibility requirement of being posted from one place of duty to another other than temporarily. Only when this eligibility requirement is satisfied can that consideration in the public interest be given to impose and then lift a relocation prohibition. The Committee found that the duration of the grievor's posting did not meet the 12 to 15-month duration threshold previously established by a former Chief of the Defence Staff as “other than temporarily.” Although sympathetic to the grievor's circumstances, the Committee found that no entitlement existed under the CBI to authorize his relocation at public expense and to grant reimbursement.
The Committee also found that the grievor was not eligible for the reimbursement of his lease liability expenses because CBI 208.955 does not contemplate reimbursing rent or lease liability expenses associated with accommodations secured by an individual prior to enrolling or re-enrolling in the CAF.
The Committee recommended that the Final Authority (FA) not afford redress.
FA decision summary
The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation not to afford the grievor redress. In their report, the Committee observed that the issue of charging members for quarters while they are prohibited posted (i.e. they are posted without being authorized to move at public expense) and not authorized to dispose of their residence has been addressed at the FA level before. As in previous instances, the FA supported the view that it is not reasonable that members must pay for accommodations in two different geographical areas while they are participating in mandatory training on a prohibited posting.
The FA was also of the view that to place a member in such a predicament is illogical and unfair. After reviewing the grievor's circumstances, the FA found that the health of the grievor's wife health played a significant role in his decision. The Queen’s Regulations and Orders article 208.52 (Remission of charges for provision of single quarters, rations, family housing or covered residential parking) provides that charges for quarters may be remitted if exceptional circumstances warrant such discretionary action, and the FA found it was so in this case. For that reason, she directed the grievor be reimbursed all single quarters charges incurred during his posting.
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