G-767 - Travel

The Grievor held a position on a Team in “X” Division.  As part of his duties, he was assigned to the Canadian Coast Guard ship on a team of police officers comprised of members from the RCMP and other police forces. The police officers spent several consecutive days on the ship while working their respective shifts. In the Grievor’s case, he worked ten-hour shifts for eight consecutive days, followed by six days of rest.

In November 2010, the Grievor sent the Officer in Charge (OIC) of the Team several 1393 forms (expense claim for non-commercial accommodation) claiming an allowance of $50.00 for nights on board the ship spanning from July 2009 to December 2010. The claim was denied by the OIC of the Team and, as a result, the Grievor filed a grievance.

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

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

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

The ERC then considered whether the Grievor could be compensated in any way for having been housed in an unsuitable accommodation. Based on the applicable policies and the ERC findings in certain prior recommendations, it was determined that granting an allowance for having been housed in an accommodation deemed unsuitable was not authorized unless it is shown that the member incurred additional expenses as a result. Since the Grievor did not show that he incurred additional expenses due to the accommodation conditions during his work shifts, the ERC found that the circumstances did not justify a 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 a Team and spent several consecutive days on a 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.