# 2022-310 Pay and Benefits, Place of Duty, Post Living Differential

Case summary

F&R Date: 2024-10-22

The grievor enrolled in the Canadian Armed Forces (CAF) and was posted for Basic Military Qualification training to Saint-Jean-sur-Richelieu, Quebec with the movement of his household goods and effects (HG&E) at public expense prohibited. At that time, his HG&E remained in Vancouver at his residence. The grievor contested the denial of his Post Living Differential (PLD) upon enrolment claim as he was aware of other members located at other bases, with similar circumstances, whose claims for PLD upon enrolment were approved. The grievor asserted that it was his understanding that being posted to his place of enrolment was, at one point, not a requirement to receive PLD upon enrolment, and he doubted that different orderly rooms across the CAF failed to recognize this requirement if it existed. The grievor also expressed frustration that some members received the money, but no recovery actions were taking place.

The Initial Authority found that the grievor had submitted his grievance outside of the prescribed time limits and refused to accept it for determination. 

The Committee noted that in order to be entitled to PLD allowance, a CAF member must be posted to a Post Living Differential Area (PLDA) and have a principal residence in that PLDA, as defined under article 205.45 of the Compensation and Benefits Instructions for the Canadian Forces. The Committee further noted that this would include the place where a member's HG&E were located on enrolment, but only if that place was the member's place of duty or former place of duty. The Committee found that as the grievor was never posted to his place of enrolment, nor had he ever performed his normal military duties there, it was never his place of duty. Consequently, the Committee found that the grievor was not entitled to PLD allowance and recommended that the Final Authority deny the grievance. 

With regard to the grievor's frustration that some members received the PLD allowance erroneously but had not been required to pay the money back, the Committee found that the grievor cannot request by means of a grievance that the CAF take action to recover payments from those who received PLD on enrolment even though he did not.