# 2012-094 Pay and Benefits, Integrated Relocation Program (CF IRP), Purchase of a Principal Residence

Case Summary

F&R Date: 2012–09–19

The grievor, a member of the Regular Force, enrolled in 2005 and in 2010 was posted to a unit within the same geographic area following completion of his occupational training.

Subsequent to his 2010 posting, and after having been briefed by the local Relocations Services representative that he was entitled to purchase benefits under section 8.3.04 of the Canadian Forces Integrated Relocation Program (CF IRP) but not to relocation of his household goods and effects, the grievor purchased a residence within the geographical boundary of his unit and requested reimbursement of his purchase expenses.

The Director Compensation and Benefits Administration (DCBA) denied the grievor’s request, explaining that the grievor’s move was considered local and that the limitations of article 11.3.02 of the CF IRP 2009 applied. Further, the DCBA response indicated that the grievor had no entitlement for purchase benefits since he was not transferred from one place of duty to another.

In his grievance submission, the grievor argued that the DCBA denial of purchase benefits ignored his eligibility for a move from his place of enrolment under Chapter 11 of the CF IRP 2009. He further argued that, in accordance with CF IRP 2009 article 11.1.01, and under the limitations contained in article 11.3, he was entitled to core, local move benefits, especially purchase benefits as outlined in Chapters 1 and 2. The grievor emphasized that his understanding of his entitlement had been explained to him by his Relocation Services representative and he had used it as a basis for his decision to purchase his home.

As redress, the grievor requested the reinstatement of the benefits regarding the purchase of his home.

There was no initial authority (IA) decision because the grievor denied a request for a 12-month extension to the period allowed for the IA to render a decision.

The Board agreed with the DCBA that CF IRP 2009, article 8.01, provides an entitlement to the reimbursement of purchase expenses only when posted from one place of duty to another. Following his enrolment, the grievor was posted to a new unit but remained in the same geographic boundary, hence he remained in the same place of duty and was not entitled to purchase benefits.

Accordingly, the Board recommended that the grievance be denied while noting that the grievor may wish to pursue a claim against the Crown through the Director Claims and Civil Litigation.

The Board also recommended that the Relocation Services representative be advised of her error and provided with the correct interpretation of article 8.3.04 of the CF IRP 2009.

CDS Decision Summary

CDS Decision Pending