# 2021-097 Pay and Benefits, Allowances and Benefits

Case summary

F&R Date: 2021-07-21

The grievor alleged that the Canadian Armed Forces discriminated against him by paying him less in three allowances (Environment Allowance (EA), Living Cost Differential (LCD) and the Dependant Allowance Element (DAE)) because he had no dependants. The grievor asserted that, according to the Canadian Human Rights Act (CHRA), this constitutes discrimination based on marital and/or family status. 

The Initial Authority (IA) denied the grievance, maintaining that while benefits may vary based on additional dependants, relocating does not make those differences discriminatory under the CHRA. The IA stated that the rates for EA and LCD and the eligibility for DAE are determined by whether or not there are dependants accompanying the member, not simply by the marital and/or family status of having dependants.

The Committee found that accompaniment is the only relevant factor with regard to EA and LCD. The Committee also found that the primary condition of eligibility for the DAE portion of the Posting Allowance is relocation at public expense, not marital or family status. Having a requirement for accompaniment or relocation does not trigger the application of the CHRA as it is not prohibited grounds of discrimination. As such, the Committee found that the grievor did not demonstrate that his situation was a prima facie case of discrimination. Further, the Committee noted that the grievor received the same wage as any other Regular Force member of equal rank, occupation and incentive level who had no dependants, who was not accompanied by dependants or whose dependants were not relocated at public expense.