Entitlement to the Daily Rate of Class C Pay on Short-term Class C

Topic

Entitlement to the Daily Rate of Class C Pay on Short-term Class C

Case number

• 2009-038 (F&R Date: 2009–09–11)

Description

The grievor was serving on Class B Reserve Service (Cl B svc) when he was authorized five days short-term Class C (Cl C) svc, 28 July to 1 August 2008. In determining his pay, the Queen's Regulations and Orders (QR&O) 203.06 requirement to calculate the Cl C daily rate at one-thirtieth of a month's salary was taken to mean that, when Cl C svc starts after the middle of the month, there is no entitlement to pay for the 31st day. Consequently, the grievor had his Cl C daily rate of pay for 28 to 31 July 2008 reduced by the equivalent of one day's pay, i.e., he was not paid for 31 July 2008.

The Board determined that the pay policy and pay administrative authorities had confused the computation of the Cl C daily rate of pay as detailed in QR&O 203.06 with the entitlement to pay contained in Compensation and Benefits Instructions 203.01 and 203.02. Therefore, the Board found that the grievor was entitled to be paid the full daily rate for all five days served on Cl C svc, including 31 July 2008.

The Board considered it quite likely that other reservists have been disadvantaged by the misinterpretation of QR&O 203.06.

Recommendation

Therefore, the Board recommended that the Chief of the Defence Staff direct that steps be taken to identify those members who may have been underpaid on Cl C svc in similar circumstances and corrective pay action taken.

Final Authority Decision

The CDS directed the Chief Military Personnel, in cooperation with the Chief of the Maritime Staff, to address it, and take the necessary steps to identify those members in similar circumstances who may have been underpaid and to take corrective pay action as required, as well as to find a solution to prevent these situations from occurring.