# 2021-315 Pay and Benefits, Negligent Misrepresentation, Recruitment Allowance

Case summary

F&R Date: 2023-03-23

The grievor argued that he was entitled to a Recruitment Allowance (RA) when he underwent a Voluntary Occupation Transfer (VOT) to an under-strength occupation. He explained that he would have re-enrolled in the understrength occupation, for which he was qualified, had the Canadian Armed Forces (CAF) recruiter not informed him that he was ineligible for an RA because he had been released for more than 10 years. 

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

Compensation and Benefits Instructions for the Canadian Forces 205.525 stipulates that re-enrollment or a component transfer is one of the conditions that triggers entitlement to the RA. Since the grievor did not re-enroll in an understrength occupation and he did not component transfer, the Committee found that he was not entitled to receive an RA upon enrollment. 

However, the Committee also found that the grievor reasonably relied, to his detriment, on the CAF recruiter's negligent misrepresentation of entitlement to the RA, given that the Canadian Forces Recruiting Group informed the Committee that there is no 10-year time limit.

The Committee recommended that the Final Authority (FA) afford the grievor redress by referring the grievor's file to the Director Claims and Civil Litigation, with the FA's support, for consideration or compensation.