Entitlement to the Daily Rate of Class “C” Pay on Short-term Class “C” Service

Topic

Entitlement to the Daily Rate of Class “C” Pay on Short-term Class “C” Service

Case Number

• 2019-090 (F&R date: 2019-09-03)

Description

Description

At issue is a Treasury Board Secretariat (TBS) interpretation of article 203.06 of the Queen’s Regulations and Orders for the Canadian Forces (QR&O). The TBS interprets this QR&O article to mean that reservists cannot be paid for the 31st day of any calendar month; and, the Canadian Armed Forces (CAF) have been applying that interpretation.

The Committee does not agree with the TBS interpretation and finds that QR&O 203.06 only indicates that reservists cannot receive more than 30 days pay in any month; it does not preclude reservists from receiving pay for the 31st of any calendar month. The Committee had previously identified this issue in 2009, and in his 2010 decision on that file, the Chief of the Defence Staff (CDS) issued direction that the issue to be reviewed and corrected.

Evidence in the current grievance demonstrates that the issue has not been corrected and numerous other reservists have been negatively affected by the application of the TBS interpretation.

Recommendation

The Committee recommended that the CDS direct the Chief of Military Personnel to work with TBS to clarify the entitlement to pay on the 31st day of a month for reservists on short-term Class “C” service.

The Committee also recommended that the CDS direct that steps be taken to identify those members who may have been underpaid for Class “C” reserve service in similar circumstances and that corrective pay action is taken.

Final Authority Decision

The CDS disagreed with the Committee’s recommendation that the grievance be upheld. He found that he does not have the authority to provide pay for Reserve Force service on the 31st day of the month. The CDS stated that he agrees in principle with the Committee, but notes TB staff’s interpretation that "the 31st cannot legally exist". Stating that he has "strong reservations about TB’s interpretation", he finds that he is bound by it. He granted a day of special leave to the grievor, in lieu of compensation for the unpaid day of reserve service.

In response to the Committee’s systemic recommendations, the CDS directed Commander Military Personnel Command to engage with TB in order to eliminate this systemic issue, identified in 2010 by his predecessor. In the meantime, he also directed all L1s to grant a leave day to members who are affected.