# 2021-311 Pay and Benefits, Post Living Differential

Case summary

F&R Date: 2022-05-12

The grievor was denied Post Living Differential (PLD) benefits for the period where his household goods and effects (HG&E) were held at a local storage facility until he was able to accept delivery of the HG&E at his home.

The Initial Authority, the Director General Compensation and Benefits, refused to accept and consider the grievance on the grounds that it was submitted outside the time limit prescribed in Queen's Regulations and Orders for the Canadian Forces, article 7.06.

Compensation and Benefits Instructions (CBI) 205.45 - Post Living Differential, defines a principal residence as a dwelling occupied by the member or their dependants, “and is situated at the member's place of duty, if their household goods and effects are located at that place”. Although the HG&E were not in the grievor's dwelling initially, the Committee found that they were, nonetheless, located at his place of duty. Therefore, the Committee found that the grievor's dwelling constituted a principal residence in a PLD area during the period relevant to his grievance as required by CBI 205.45.

As the grievor's circumstances met the purpose and criteria for eligibility for PLD set out in applicable policy, the Committee found that he was entitled to the PLD benefit for the period in question and recommended that the Final Authority afford redress.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and recommendation. He found that the grievor's dwelling in Esquimalt met the CBI 205.45 definition of a principal residence as soon as his HG&E arrived at his place of duty.