Grievance Case Summary - G-727

On November 6, 7, and 17, 2008, the Grievor was conducting active surveillance outside his headquarters area. On November 6 and 17, he worked evening shifts (1:30 p.m. to 11:30 p.m.) while on November 7, he worked a day shift that lasted more than 16 hours (7:00 a.m. to 11:30 p.m.). He claimed the reimbursement of three meals at the dinner rate. The Respondent dismissed the Grievor's claim on the ground that the Grievor did not provide receipts to justify the reimbursement claimed.

The grievance was denied at Level I. According to the Adjudicator, the Grievor was subject to section 3.2.9 of the Treasury Board Travel Directive (TBTD) which states that reimbursement of meals shall be based on the meal sequence of breakfast, lunch and dinner, in relation to the commencement of the employee's shift. On that issue, the Adjudicator noted that for shift workers outside their headquarters area, the meal they are authorized to claim at mid-shift is lunch.

The ERC found that the Grievor, as a shift worker, had to have his breakfast at his own expense before beginning his shifts. He was then eligible to claim the reimbursement of meals consumed during his travels, in accordance with the meal sequence set out in section 3.2.9 of the TBTD. During each of his shifts, he was therefore eligible to claim a meal at the lunch rate. As for the November 7 shift, the Grievor was also eligible to claim a second meal, this time at the dinner rate. If an amount greater than the allowed rate were paid, the Grievor had to present supporting documents in order to receive the actual expenditure.

The ERC recommended that the grievance be allowed in part.

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

[Translation]

The Grievor worked shifts for which he then claimed meal expenses. These claims were denied by the Respondent, which led the Grievor to file five grievances. The ERC found that the five grievances should be allowed, but only with respect to the claims involving shifts longer than 10 hours for which the Grievor claimed a second meal. In all the other cases, namely the claims submitted for shifts where the Grievor only claimed one meal, the ERC found that the Grievor was only entitled to the dinner rate, which he seems to have already received. The Commissioner shares the ERC's opinion and accepts the ERC's recommendation that the grievances should be allowed in part.