# 2015-256 Pay and Benefits, Relocation - Reservists

Case Summary

F&R Date: 2015–12–17

The grievor completed several periods of Class B and C Reserve Service in the Halifax region following his transfer from the Regular Force to the Reserve Force. He later requested a transfer to a Naval Reserve unit in Québec City. He maintained a residence in the Halifax area, where his dependants continued to reside, while acquiring a residence in the Québec City area. The grievor was subsequently posted to Halifax, for a period of Class C Reserve Service of two years. The Director Compensation and Benefits Administration determined that he was not entitled to relocation benefits under the Canadian Forces Integrated relocation Program (CF IRP), as it was deemed that his principal residence was already in Halifax. The grievor argued that his employment in Halifax was temporary and obviously not in the same geographical area as his home unit located in Québec City. He also argued that the Royal Canadian Navy had recognized his right to a “return move to Québec City”, and that as a consequence, his principal residence was, in his view, located in Québec City.

The Director General Compensation and Benefits, as the Initial Authority (IA), found that that the grievor's principal residence was in fact located within the Halifax geographical boundaries, where his dependants had remained. The IA concluded that the grievor had no entitlements to relocation benefits and denied the grievance.

The Committee observed that information on file negated the need to identify the grievor's principal residence. In fact, the Committee noted another element which is that the grievor voluntarily requested the early termination of his employment (to further his education) after only 119 days of Class C Reserve Service. Article 13.11 of the CF IRP Directive clearly stipulates that reservists who voluntarily terminate their employment before completing one year of the period of service shall have all expenses associated with the relocation fully recovered. As the grievor had not served a minimum of one year in Halifax, the Committee found that any and all expenses reimbursed or entitlements paid that were associated with his relocation from Québec City to Halifax, would have to be recovered.

The Committee recommended to the CDS that the grievance be denied.

FA Decision Summary

The CDS agreed with the Committee's findings and recommendation that the grievance be denied.