# 2022-113 Pay and Benefits, Annual Leave

Case summary

F&R Date: 2023-12-19

The grievor grieved the actions of her chain of command (CoC) in relation to her leave balances. The grievor requested an extension to her release date from the Canadian Armed Forces (CAF), and therefore was unable to provide a leave plan to expend her annual leave until a decision was made. The grievor's CoC submitted retroactive leave passes on her behalf in an effort to manage her leave, without consulting her. The grievor requested a meeting with her CoC to discuss the leave passes. At the meeting, a discussion took place about whether the grievor could use an assistive transcription device. The grievor contended that the CoC suggested to her that, to use the device, she would have to consult legal counsel, which she did. As redress, the grievor requested that her annual leave be returned to her, and that she be reimbursed for legal fees given that her CoC suggested she should hire a lawyer.

The Initial Authority (IA) determined that the retroactive leave passes submitted on behalf of the grievor by her CoC were not valid. The IA also found that the grievor was on duty for some of the annual days that were submitted. He ordered that the grievor be paid in lieu of the return of the annual leave days since she had been released from the CAF. With respect to the reimbursement of legal fees, the IA determined that there was nothing to indicate the grievor's CoC suggested she hire a lawyer, that this was the grievor's decision, and the CAF was not responsible for reimbursement of this expense.

The Committee found that since the CoC submitted leave passes retroactively and without the knowledge of the grievor, she had been aggrieved, but that this issue was satisfactorily resolved at the IA level.

The Committee reviewed relevant Treasury Board policy on legal assistance and indemnification, and the relevant CAF policy on legal assistance. The Committee determined that neither policy applied to the grievor's circumstances. The Committee found that the grievor was not entitled to reimbursement for legal fees.

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