# 2021-114 Pay and Benefits, Meal expenses, Military Foreign Service Instruction

Case summary

F&R Date: 2022-11-30

The grievor argued that he was entitled to receive the meal allowance benefit while posted to the advance training list (ATL) outside of Canada (OUTCAN), since he met the definition of an "unaccompanied member" as set out in the Compensation and Benefits Instructions for the Canadian Forces/ Military Foreign Service Instruction (MFSI). The grievor further argued that the policy does not provide for the forfeiture of benefits based on the manner in which a CAF member elects to move OUTCAN, rather that the member simply meet the definition of an "unaccompanied member". The grievor submitted that as an unaccompanied member, he was prohibited from claiming any expenses related to the relocation of his household goods and effects (HG&E), which he argued meant that he met the requirement for an entitlement to the meal allowance benefit.

The Initial Authority (IA) denied the grievor redress and found that the grievor was not unaccompanied for the purpose of receiving any benefit with respect to his OUTCAN posting. The IA stated that the grievor was not authorized to proceed OUTCAN unaccompanied, nor was he prohibited a move of his dependants and HG&E at public expense. The IA further found that the grievor's decision to proceed to his OUTCAN posting unaccompanied was a personal one and that he did not meet the requirements of the meal allowance provisions of the MFSI.

The Committee determined that it was not reasonable for a Canadian Armed Forces (CAF) member to suffer financially because the CAF could not select an appropriate posting method that balanced both the needs of the service while also supporting members serving OUTCAN who have been separated from their families. The Committee also determined that the grievor could have been attach posted to the OUTCAN establishment and entitled to the benefits available to those proceeding on a short-term tasking OUTCAN.

The Committee recommended that the Final Authority afford the grievor redress by amending the posting message and authorizing the reimbursement of the actual and reasonable living expenses under the Canadian Forces Temporary Duty Travel Instructions. The Committee also recommended that the Chief of the Defence Staff direct the Director General Military Careers to amend the OUTCAN screening process to better capture the willingness of a member to proceed unaccompanied on an OUTCAN ATL assignment, so that the assignment method can be adjusted accordingly.