# 2019-301 Pay and Benefits, Education Reimbursement Policies

Case summary

F&R Date: 2020-12-18

The grievor argued that he should be entitled to reimbursement of tutoring expenses for his son as the Compensation Benefits Instructions (CBI) 12.1.04(2) Education Allowance Not Payable (French Immersion) does not apply to his claim as it only relates to Anglophones and his family is Francophone.

The Initial Authority denied the grievor redress asserting that CBI 12.1.04(2) has no caveat on language but rather all members have no entitlement to education allowance in respect to French immersion.

The Committee found that the grievor should have been reimbursed for the tutoring expenses that he incurred as it was determined that his child experienced academic challenges upon relocating from one province to another, due to the different school systems. Further, it was determined that as the grievor and his family are Francophone, CBI 12.1.04(2) does not apply to this matter and does not preclude the grievor from receiving the education allowance.

FA decision summary

The Director Canadian Forces Grievance Authority, as Final Authority (FA), agreed with the Committee's recommendation to uphold the grievance. The FA found that the grievor's child experienced academic challenges upon relocation and required English tutoring services to mitigate the change in learning standards from one province to another. The FA found that the grievor was entitled to an education allowance as per CBI 12.1.03(5) (Education allowance - language tutoring) and directed the Chief of Military Personnel to ensure that he be reimbursed. In response to the Committee's observation that CBI 12.1.04(2) - Education Allowance Not Payable (French Immersion) was misleading and leading to unwanted effects, the FA informed the grievor that "amendments to CBI 12 were included in the preparation of a recent Canadian Armed Forces Comprehensive Military Family Plan submission to the Treasury Board in an effort to increase flexibility in the interpretation of this benefit."