Grievance Case Summary - G-644

In mid-2009, the Grievor was transferred from a non-isolated post to an isolated post. At the time of his transfer, the Grievor was informed that the posting was entitled to vacation travel assistance (VTA). In late 2009, he had a conversation with the Detachment Non-Commissioned Officer (NCO) who informed the Grievor that he was not entitled to a VTA payment for fiscal year 2009-10 as he had not been at the isolated post for one year. VTA is provided for in the Isolated Posts and Government Housing Directive (IPGHD). The Grievor did not claim a VTA payment for fiscal year 2009-2010 in reliance on the information provided by the NCO. In the spring of 2010, the Grievor learned through a colleague that eligibility for a VTA payment did not require that he be at the isolated post for one year, only three months. The Grievor verified this information by checking the policy. The Grievor claimed two VTA payments in May 2010: a VTA payment for fiscal year 2009-10 and a VTA payment for fiscal year 2010-11. His VTA claim for fiscal year 2009-10 was denied by the Respondent. The Grievor grieved this decision. The Level I Adjudicator denied the grievance as the policy required that VTA payments were limited to one in each fiscal year. The Grievor also had the responsibility to familiarize himself with applicable policies.

The ERC found that it was the Grievor’s responsibility to be familiar with policies applicable to his situation. The fact that he had erroneous information did not in itself negate his obligation to educate himself regarding the application of the IPGHD. The fact that individual members may be incorrect in their understanding of the provisions of a policy or directive, and may communicate those misunderstandings to other members, cannot be a basis on which to determine eligibility to benefits and allowances.

The ERC recommended that the grievance be denied.

The Grievor challenged the Force’s denial of a Vacation Travel Allowance (VTA). The Grievor was transferred from a non-isolated post to an isolated post in July 2009. He was informed that his new posting entitled him to a VTA once per fiscal year. A senior NCO mistakenly informed him that he had to serve at the isolated post for a year before claiming the VTA. Consequently, he did not claim a VTA for fiscal year 2009-2010. The Grievor later learned he was eligible for the VTA after only three months of service in his posting. In May 2010, the Grievor submitted a claim for VTA for fiscal year 2010-2011 as well as 2009-2010. The claim for 2009-2010 was denied. He filed a grievance.

The Level I decision denied the grievance on the merits.

The Commissioner accepted the ERC’s recommendations and denied the grievance on the basis that policy requires a claim for VTA to be filed within the corresponding fiscal year.