G-688 - Relocation

In 2007, the Grievor was issued a transfer form (A-22A) from one place of duty to another in the same province. He started commuting to the new post March 11, 2008. Pursuant to the Integrated Relocation Program (IRP), the Grievor could elect not to sell his home at his old place of duty, and receive an "incentive not to sell" (INTS). The INTS is a transfer of 80% to the "personalized envelope" of the estimated real estate commission fees that would have been payable had the home been sold, based on appraisal value. Under the IRP, the Grievor had to decide within 10 days of receiving his appraisal whether to request the INTS.

The appraisal of the Grievor's home at his old place of duty took place in January 2008. The Grievor undertook multiple house hunting trips (HHT) to find a suitable replacement residence at his new place of duty. However, his search was unsuccessful. Therefore, the Grievor's request to delay the sale of his home on February 11, 2008, was approved by the Departmental National Coordinator. The Grievor did not, however, request the INTS within 10 days of obtaining the appraisal for his home at his old place of duty. He started commuting to the new post March 11, 2008.

On February 5, 2010, over two years after the appraisal of his home at his old place of duty, the Grievor, who was approaching retirement and would be retiring at his old place of duty, requested the INTS. The Respondent denied the request on February 18, 2010. The Grievor grieved the matter on March 8, 2010.

The Level I Adjudicator found that the Respondent's denial of the Grievor's request was consistent with applicable IRP provisions, which contained a mandatory 10-day period to request the INTS.

The ERC found that, by using the word "must", the section in the IRP providing for the INTS was a mandatory provision. The Grievor had 10 days after the appraisal of his principal residence to request the INTS, which he failed to do. The ERC further found that the Grievor's responsibility to be knowledgeable about policy renders irrelevant his assertion that the applicable deadline for the INTS request was not impressed upon him.

The ERC recommended that the grievance be denied.

The Commissioner's decision, as summarized by her office, is as follows:

The Grievor challenged a decision by the Departmental National Coordinator (DNC), Travel and Relocation, to deny his claim for an incentive not to sell (INTS) his residence during a relocation process. At Level I, the Adjudicator denied the grievance, finding that the Grievor's request was not submitted within 10 business days of receiving a real estate appraisal. The Grievor sought a review at Level II. The ERC recommended that the grievance be denied on the basis that the approval of the INTS benefit was time-barred under the IRP, the Grievor was expected to know or familiarize himself with relevant policies applicable to his situation, and his arguments based on fairness and flexibility were not persuasive. The Commissioner agrees, finding that the Grievor's request was not timely, section 7.03.2 is mandatory, and no discretion is authorized under this section. Had the request complied with the requirements set out in policy, he would have been entitled to the INTS benefit. The grievance is denied.