# 2014-039 Pay and Benefits, Canadian Forces Severance Pay (CFSP), Release - Benefits, Release - Compulsory, Release -...

Case Summary

F&R Date: 2014–04–01

The grievor was released under item 5(f) to the Table to article 15.01 of the Queen's Regulations and Orders for the Canadian Forces (QR&O) and was denied payment of his severance pay. He complained that the entitlement provisions of the Compensation and Benefits Instruction (CBI) 204.40 – Canadian Forces Severance Pay (CFSP) had been misinterpreted and that he was entitled to the benefit. The grievor argued that his period of eligible service, as limited in CBI 204.40(8) (CFSP – Amount), ended prior to the decision made by the Director Military Careers Administration to release him.

The Initial Authority, the Director General Compensation and Benefits, denied the grievance concluding that the grievor was excluded from the entitlement in accordance with CBI 204.40 (7)(a) because his release was approved during his eligible service and prior to his ceasing service.

The Committee observed that the grievor was a commissioned officer and that, pursuant to QR&O 15.01 (3)(a), the authority to approve his release was the Governor General. Since the evidence confirmed that the Governor General had approved the grievor's release more than six months after his period of eligible service had ended, the Committee found that the exclusion criteria stipulated at CBI 204.40 (7)(a) did not apply to the grievor and that he was entitled to receive CFSP.

The Committee recommended that the grievance be upheld and that the grievor be paid the CFSP for his eligible service.

CDS Decision Summary

CDS Decision Date: 2014–10–24

The Chief of the Defence Staff agreed with the Committee's findings and recommendation that the grievance be upheld.