Recommendations on Systemic Issues
TopicCivilian Dress Assistance Allowance – non-designated positions
Case number2010-073 (F&R Date: 2010-12-13)
The Board found that the grievor, while serving as a Reserve Force member within the Deployment Support Group (DSG) from 2001 to 2008, should have received the Civilian Dress Assistance Allowance (CCDA) or equivalent financial compensation from the Director Claims and Civil Litigation (DCCL). The evidence in the case showed that the grievor was not the only one to whom this allowance could apply. A number of other military members posted to the DSG were also required to wear civilian dress.
Because the Board was of the opinion that the policies concerning the CDAA published prior to 01 January 2007 allowed the Minister to exercise his discretion to designate positions for the purposes of the CDAA, and that it was unreasonable for the chain of command to order personnel of DSG to wear civilian dress without having first obtained the Minister’s authorization, it would be advisable to review the cases of all military members posted to the DSG.
The Board therefore recommended that the Chief of the Defence Staff ask the Minister to exercise his discretion to retroactively designate the positions of all military members posted to the DSG who were obliged to wear civilian dress up until 31 December 2006.
For periods not subject to ministerial discretion or in the event that the Minister refuses to exercise his discretion, the situation of all DSG members who had been ordered to wear civilian dress and who were not compensated accordingly should be reviewed by DCCL so that these members ultimately are compensated for the financial prejudice they suffered.
Final Authority Decision
The CDS disagrees with the Board's systemic recommendation that the situation of the DSG as regards to the CDAA be examined.