# 2021-299 Pay and Benefits, Interim Lodging, Meals and Incidentals, Household Goods and Effects

Case summary

F&R Date: 2023-02-27

The grievor contested the Director Compensation and Benefits Administration's decision to deny him reimbursement for Interim Lodgings, Meals and Miscellaneous (ILM&M) expenses beyond 45 days, incurred while posted Outside of Canada (OUTCAN) to the Pacific region. The grievor argued that the delay in the shipment and delivery of his Household Goods and Effects (HG&E) was outside of his control and that as a result, he was unable to prepare meals at his property for an extended period. He further submitted that policies like the Canadian Forces Integrated Relocation Program (CFIRP) Directive should have flexibility built-in to account for extraordinary circumstances. The grievor asked that his request for ILM&M reimbursement be reviewed, and if necessary, that the CFIRP Directive be amended so that CAF members serving OUTCAN do not suffer financial hardships due to situations beyond their control.

The Director General Compensation and Benefits, acting as the Initial Authority, denied redress finding that the grievor had submitted the grievance outside of the prescribed time limit without the evidence of the circumstances that prevented the grievor from a timely submission.

While agreeing with the grievor that the delayed HG&E shipment was beyond the grievor's control and that he did not have access to his HG&E for an extended period, the Committee found that the grievor's situation did not amount to the level of exceptional circumstances. The Committee obtained clarification from the Vice Chief of the Defence Staff OUTCAN Coordination and Support Unit that it was quite common for HG&E delivery to exceed the 45-day limit particularly in the Pacific region, with delays becoming more frequent since 2021. Given that the CFIRP Directive already contemplates such delays occurring during relocations, and that these delays happen often rather than infrequently, the Committee found that the grievor's circumstances were not exceptional and as a result, he was not entitled to any additional days of ILM&M reimbursement from his core funding envelope.

The Committee recommended that the Final Authority (FA) not afford the grievor redress.

FA decision summary

The Chief of Staff, Chief Professional Conduct and Culture, acting as the FA, agreed with the Committee that the policy at the relevant time did not permit any further reimbursement from the core funding envelope, even though the shipping company's delays were beyond the grievor's control. The FA also agreed with the Committee's systemic recommendation that the Canadian Armed Forces seek realignment with the average OUTCAN air shipment timelines with respect to the policy entitlements, and directed the Director Compensation and Benefits Administration to raise that issue with the Treasury Board Secretariat.