# 2020-065 Pay and Benefits, Administration of operational allowances

Case summary

F&R Date: 2020-10-19

A group of ten grievors each individually challenged the decision to send them on an exercise Outside Canada Temporary Duty (TD), rather than on attached-posting. They contended that this was a change from previous exercises of this nature and resulted in them not receiving benefits to which previous participants had been entitled. As redress, the grievors requested Hardship Allowance, Operational Foreign Service Premium and tax-free status for the duration of their participation in the exercise.

The Committee found that the grievors were participating in an exercise and were not part of the operation, nor did they have any operational function. As such, the Committee found that, in accordance with the Canadian Joint Operations Command Directives for International Operations, TD was the appropriate deployment status for exercise participants. The Committee also found that pursuant to the Compensation and Benefits Instructions for the Canadian Forces, Canadian Armed Forces members are only entitled to receive Risk Allowance while deployed on TD. In addition, in accordance with the Directive on Tax-Free Status, the Committee found that, as the exercise participants were not part of the operation and had no operational role, they were excluded from being granted tax-free status.

The Committee recommended that the Final Authority (FA) not afford the grievors redress.

FA decision summary

The Acting Chief of the Defence Staff, acting as FA, agreed with the Committee that TD was the appropriate travel status, and that this precluded the allowances and tax relief sought. However, the Committee had found that the deployment did not qualify, pursuant to the Canadian Honours Policy Manual, for credit towards the Special Service Medal-North Atlantic Treaty Organization medal. The FA disagreed, noting that Commander Canadian Joint Operations Command had already granted credit and stating that he had confirmed with the Director Honours and Recognition that there was an entitlement. The FA found that the grievor had been treated fairly and in accordance with policy and did not grant redress.