# 2021-324 Pay and Benefits, Allowances and Benefits, Military Foreign Service Instruction, Procedural Fairness

Case summary

F&R Date: 2022-12-23

The grievor disputed that there was no justification for the Canadian Armed Forces (CAF) to write down only half of the security deposit he paid on a rental property when he was posted outside of Canada. He provided photographs of the condition of the property on march-out.

The Initial Authority, the Director General Compensation and Benefits, rejected the grievance on the basis that it was submitted beyond the three-month time limit established in article 7.06 of the Queen's Regulations and Orders for the Canadian Forces.

The Committee had to determine whether the decision to deny a full write-down of the security deposit was justified.

The Committee recognized that Compensation and Benefits Instructions for the Canadian Forces 10.5.12(7) provides discretion to local commanders to determine “fault” when a lessor refuses to return a security deposit. Given that the CAF decision-maker was unable to provide evidence in support of the partial write-down, the Committee was unable to independently verify all the disputed items. However, the Committee found that there was no dispute that the grievor was responsible for some expenses borne by the lessor on march out.

Therefore, the Committee recommended that the Final Authority reduce the partial write down that the grievor was responsible for to the cost of the expenses borne by the lessor.

FA decision summary

The Chief Professional Conduct and Culture, acting as FA, agrees with the Committee's finding that the grievor was aggrieved and agreed in principle that the grievor should be required to pay for the cost of the garbage removal. However, the FA was of the view since there was no reliable evidence of the cost of disposing of it and that no reasonable amount was suggested, the FA could not render a decision in this regard and did not impose a reduction representing the amount the grievor should be responsible for.