# 2022-245 Pay and Benefits, Imposed Restriction, Relocation Benefits

Case summary

F&R Date: 2023-10-04

When his Imposed Restriction (IR) situation was over and he moved to be reunited with his spouse and his household goods and effects (HG&E), the grievor had to empty his apartment the day before his departure for reasons beyond his control. The grievor claimed nights in commercial lodgings and meal expenses for his relocation, which he was denied. The grievor alleged that he had suffered harm because he had incurred several expenses during his IR since the separation expense (SE) benefits amount allocated to him had not been enough.

The Initial Authority (IA) found that the grievor had not been aggrieved. According to the IA, the grievor was on IR, and in that situation, there is no flexibility in the application of HG&E moving entitlements under article 5.01 of the Canadian Forces Integrated Relocation Program Directive. Moreover, the IA held that in no circumstances was it possible to rectify an injustice related to insufficient SE benefits by reimbursing other expenses.

The Committee found that the grievor was not entitled to relocation expenses. However, under paragraph 208.83(10) of the Compensation and Benefits Instructions for the Canadian Forces (CBI), actual and reasonable expenses necessarily incurred during the journey for transportation and accommodation for a posting may be reimbursed. In addition, members who are receiving SE benefits without being entitled to relocation expenses may be reimbursed for meals. Given the circumstances of the return trip and the end of the IR, as well as the fact that the claimed expenses were actual and reasonable, the Committee found that the grievor was entitled to be reimbursed for the claimed accommodation, meal and incidental expenses, in accordance with CBI 208.83 and the Canadian Forces Temporary Duty Travel Instructions.

The Committee recommended that the Final Authority grant the requested redress.