Case # 2009-029

Allowances and Benefits, Commuting assistance allowance (CAA), Temporary duty benefits

Case Summary

F&R Date: 2009-11-13

Between 2001 and 2008, the grievor accepted numerous offers for class “A” and “B” reserve service (Res svc). During the 2006 and 2007 summer periods, the grievor completed two periods of class “B” Res svc at a unit other than the one where he completed his class “A” service. On completion of these two periods, the grievor claimed reimbursement for his meal, incidental and travel expenses, maintaining that that he should have been considered on temporary duty (TD) and receive the allowances provided for in the Canadian Forces Temporary Duty Travel Instruction (CFTDTI). He also claimed the interest on the amounts owing him.

The initial authority (IA) partially upheld the grievance indicating that the grievor had the right to commuting assistance. However, the IA pointed out that the grievor was not entitled to full reimbursment of his travel and meal expenses since, while he was in fact on TD, reservists from that region were not eligible for CFTSTI allowances when on service at neighboring facilities.

The Board concluded, contrary to the IA, that the grievor was not on TD since when he accepted a offer of class “B” service at a unit other than the one where he was completing his class “A” service, that unit became his parent unit. The Board explained the difference between a parent unit and a unit of allegiance. The Board agreed with the IA regarding the grievor’s eligibilty for commuting assistance. It denied the claim for payment of interest since the Chief of the Defence Staff (CDS) does not have the authority to grant such damages.

The Board recommended that the CDS maintain the initial authority’s decision to partially uphold the grievance regarding commuting assistance.

CDS Decision Summary

CDS Decision Date: 2010-06-15

The CDS partially agrees with the Board’s findings and recommendation to partially allow the grievance, authorizing equivalent reimbursement of costs accrued travelling 47 km instead of 41 km between the grievor’s residence and workplace, for the periods of attached posting in question.