# 2017-021 Pay and Benefits, Relocation Benefits

Case Summary

F&R Date: 2017–04–25

The grievor submitted that he should be entitled to relocation of his dependants, household goods and effects ((D) HG&E) at public expense while on basic occupational training for over one year.

The initial authority (IA) found that - in order for the grievor to be eligible for a paid move under Compensation and Benefits Instruction (CBI) 208.82 - it was implied that the CDS must consider the move to be in the public interest. As the grievor was not trade qualified, the IA found that authorization to move his (D) HG&E at public expense was not in the public interest. The IA concluded that the grievor had been treated in accordance with Treasury Board approved policy and denied the grievance.

The Committee found the IA's interpretation of “public interest” to be very restrictive as it failed to take into consideration the interest of the grievor. The Committee found that in 2015 a long-standing practice of allowing such moves was ceased despite any apparent command involvement in the decision. The Committee determined that a training authority (TA), through its relevant basic training list manager, had the delegated authority (from the CDS to the Chief of Military Personnel and to the TA) to determine that a move at public expense was in the interest of the public when the CAF member's required training was longer than one year. Furthermore, this was in no way contrary to the intent or the letter of the CBI.

The Committee recommended that the grievor's posting be amended from prohibited to restricted, that the restriction be lifted, and that the grievor be compensated for the move of his (D) HG&E in accordance with CBI 208.82.

FA Decision Summary

FA Decision Pending