# 2021-294 Careers, Relocation of dependants, Relocation, Military Foreign Service Instruction

Case summary

F&R date: 2022-11-21

The grievor contested the interpretation of the relevant policy regarding his entitlement to relocation benefits for the delayed move of his dependants to his outside of Canada (OUTCAN) posting. The grievor argued that early in the screening process, he consulted and researched potential education options for his dependant children and he received confirmation that he could delay moving his dependants for a year. The grievor explained that on that basis, he advised his gaining unit that he would proceed OUTCAN unaccompanied for the first year of his posting, and that his dependants would join him a year later. The grievor explained that he was later advised that his dependants had to proceed to post within 180 days of his change of strength (COS) date, failing which he would be deemed to be unaccompanied for the duration of his OUTCAN posting.

There is no Initial Authority decision on file as the grievor requested that his file be referred to the Final Authority (FA) after the four-month time limit had passed.

The Committee found that the advice the grievor received was in alignment with the intent of the policy applicable at the time he was posted OUTCAN and that his dependants had to relocate within 180 days of the COS date. The Committee further found that the grievor was provided reasonable and suitable education options for his dependent children and that the grievor instead elected a different option base on his personal choice, which disentitled him from relocations benefits for his dependants.

The Committee recommended that the FA not afford the grievor redress.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as Final Authority (FA), found that the grievance was moot because the grievor had voluntarily released from the Regular Force and returned to Canada, and was no longer eligible for relocation benefits for family members.

The FA noted that the grievor nonetheless wished his grievance to be reviewed. He stated that he agreed with the Committee's analysis and its interpretation of the relevant policies. He noted that the Canadian Armed Forces Relocation Directive had been amended on 1 March 2022, clarifying the intent of the provision regarding the move of dependants, so no further review of the policy was necessary. The FA did not afford the grievor redress.