G-750 - Travel

The Grievor held a position on the Team at X Division. As part of his duties, he was assigned to a Canadian Coast Guard Ship, on which he was part of a team of police officers comprised of members from the RCMP and other police officers. The police officers spent a number of consecutive days on board the ship when carrying out their respective work shifts. In the Grievor's case, he worked ten-hour shifts for several consecutive days, followed by six days of rest.

Between August and November 2010, the Grievor provided the officer in charge (OIC) with two 1393 forms (non-commercial accommodation allowance claim) claiming an allowance of $50.00 for nights on board the ship over a certain period. This claim was denied by the OIC, and the Grievor consequently filed a grievance.

The grievance was denied at Level I. In support of the decision, the Adjudicator determined that (1) the Coast Guard ship could not be considered private non-commercial accommodation; (2) the private non-commercial accommodation allowance (PNAA) is not an allowance for unsuitable accommodation; and (3) the Grievor is not eligible for any compensation as neither the Treasury Board Travel Directive nor the RCMP Travel Directive provide for an allowance for unsuitable accommodation.

The Adjudicator also noted that the Grievor's discomfort did not result in personal expenses that could justify reimbursement.

The ERC found that the Coast Guard ship could not be considered private non-commercial accommodation because it was not anyone's permanent residence and therefore did not have a private character. It was then found that the Grievor was not eligible to receive the PNAA in that such an allowance only applies to travellers staying in private non-commercial accommodation.

The ERC then considered the question of whether the Grievor could be compensated in any way for having stayed in an unsuitable accommodation. Based on the applicable policies and the ERC's findings in certain previous recommendations, it was found that granting an allowance for having stayed in an accommodation deemed to be unsuitable was not authorized unless it had been demonstrated that the member had incurred additional expenses as a result. Given that the Grievor had not demonstrated that the condition of his accommodations during his work shifts had incurred additional expenses, the ERC found that the circumstances did not justify reimbursement.

The ERC recommended that the Commissioner deny the grievance.

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

[Translation]

The Grievor was assigned to a Team and spent several consecutive days on board the Canadian Coast Guard ship while working on his shifts. The Grievor claimed a private non-commercial accommodation allowance (PNAA) of $50 for his nights on board the ship. He filed a grievance challenging the decision of the Officer in Charge of the Team denying his PNAA claim. The Level I Adjudicator found that the Coast Guard ship could not be considered a private non-commercial accommodation and that the PNAA did not constitute compensation for unsuitable accommodation. The Commissioner accepts the Royal Canadian Mounted Police External Review Committee's finding that the grievance is without merit and denies the grievance.