#2019-090 Pay and Benefits, Canadian Forces Temporary Duty Travel Instruction, Class C pay on 31st day of a month, Payment of Class C through the Revised Pay System for the Reserves

Case Summary

F&R Date: 2019–03–09

The grievor was employed on Class “C” reserve service for a period of 14 days, which included the 31st day of a month. He was subsequently informed that as a reservist, he was not entitled to be paid for the 31st day in any calendar month. He grieved this decision.

The position of the Canadian Armed Forces was that, based on an interpretation by the Treasury Board Secretariat (TBS) of article 203.06 of the Queen’s Regulations and Orders for the Canadian Forces (QR&O), reservists could not be paid for work performed on the 31st day of a calendar month.

The Committee did not agree with the TBS interpretation of the QR&O. The Committee found that the QR&O only limits reservists to receiving no more than 30 days pay in any calendar month, it does not state that reservists cannot receive pay when they work on the 31st of any calendar month. The Committee found that the grievor had not received more than 30 days pay in any calendar month and was therefore entitled to be paid for the work he performed on the 31st day of the month.

The Committee recommended that the Final Authority afford the grievor redress by paying him for the days that he worked. The Committee also made systemic recommendations concerning clarifying the policy. 

FA Decision Summary

The Chief of the Defence Staff (CDS) disagreed with the Committee’s recommendation that the grievance be upheld. He found that he does not have the authority to provide pay for Reserve Force service on the 31st day of the month. The CDS stated that he agrees in principle with the Committee, but notes TBS staff’s interpretation that “the 31st cannot legally exist”. Stating that he has “strong reservations about Treasury Board's interpretation”, he finds that he is bound by it. He granted a day of special leave to the grievor, in lieu of compensation for the unpaid day of reserve service.  

In response to the Committee’s systemic recommendations, the CDS directed the Commander Military Personnel Command to engage with TBS in order to eliminate this systemic issue, identified in 2010 by his predecessor.  In the meantime, he also directed all Level 1s to grant a leave day to members who are affected.