# 2018-147 Pay and Benefits, Cadet Organizations Administration and Training Service, Leave Entitlement

Case summary

F&R Date: 2019-05-14

The grievor argued that while serving with the Cadet Instructor Cadre (CIC) more than ten years earlier, he had accumulated annual leave that he never used and for which he was denied a payment in lieu of leave upon his transfer to the Regular Force. He requested that the unused annual leave be added to his personnel records.

The Initial Authority found that there was insufficient documentation or justification to approve the payment in lieu of leave the grievor requested.

Based on the scant and partial documentation that was available from the relevant time period, and given that the grievor could not confirm with certainty whether he had used the leave or not, the Committee found that on a balance of probabilities the grievor had used the annual leave days he earned while employed with the CIC. Consequently, the Committee recommended that the Final Authority not afford the grievor redress.

FA decision summary

The Final Authority (FA) did not grant the requested addition of 32 days of leave to the grievor's records as accumulated leave resulting from Reserve Service during the period 1998 to 2006.

The FA found that, pursuant to article 16.14 of the Queen's Regulations and Orders for the Canadian Forces, during the relevant timeframe, the grievor had been required to use leave entitlements during the period of Reserve Service for which they were earned. The FA noted that the standard procedure to deal with leave that could not be taken had been to extend the end date of the period of service by the number of days of unexpended leave.

The FA noted that there was a lack of evidence available due to the passage of time and that the grievor had the obligation to raise concerns at the relevant time. The FA concluded, on a balance of probabilities, that either the grievor's leave had been used within the original period of service or the grievor's periods service had been extended.