# 2022-127 Pay and Benefits, Post Living Differential

Case summary

F&R Date: 2023-08-24

The grievor contested the lack of any form of assistance to support him while he completed his training in a Post Living Differential Area (PLDA), despite him residing with his dependents, household goods and effects (HG&E) within the same PLDA. The grievor explained that although the Canadian Armed Forces considered that his HG&E were still located at his previous post, which was also a PLDA, he was not receiving the post living differential (PLD) allowance for that post either. The grievor stated that he received a prohibited posting to the training location because he had yet to reach the operationally functional point (OFP) in his new occupation but points out that he had reached OFP in his former occupation, had deployed outside Canada, and had served in the CAF for more than ten years. As redress, the grievor requested that his posting message be amended to entitle him to PLD in his current post, that his PLD be paid for his previous post retroactively, or that he receive some other form of compassionate financial assistance.

There is no Initial Authority (IA) decision on file as the IA had not made a decision nine months after acknowledging receipt of the grievance and the grievor requested that his file be escalated to the Final Authority (FA).

The Committee reviewed the Compensation and Benefits Instructions for the Canadian Forces (CBI) 208.80 – Relocation Benefits as well as CBI 205.45 – PLD and found that the CAF made an error in denying the grievor PLD while in training. The Committee found that upon being posted to the training location, this became his place of duty. Furthermore, since the grievor had moved back with his family into the condominium he owned previously in that location, the grievor's residence met the definition of principal residence as per CBI 205.45. As the grievor's place of duty and principal residence were both located in the same PLDA, the Committee found that the grievor was entitled to PLD beginning from the time he was posted for his training.

The Committee recommended that the FA afford the grievor redress by directing he receive PLD payments starting when he his training.

FA decision summary

The Chief of the Defence Staff, acting as the Final Authority, agreed with the Committee's findings and recommendation.