Case # 2011-052

Component Transfer (CT), Entitlement to Posting Allowance, Integrated Relocation Program (CF IRP), Posting Allowance (PA)

Case Summary

F&R Date: 2011–06–22

The grievor contested the fact that he did not receive the posting allowance (PA) after having completed a component transfer (CT) from the Reserve Force to the Regular Force (Reg F). The grievor was immediately posted to a new place of duty following his CT and was granted all the benefits and allowances associated with his move with the exception of the PA.

The grievor argued that the purpose of the PA was to compensate members for the turbulence associated with relocating and his move was just as turbulent as that of any other Reg F member and perhaps even more turbulent since he was deployed during the preparation for his move.

An analyst from the Director General Canadian Forces Grievance Authority provided a synopsis on the file which concluded that the grievor was not entitled to the PA. The analyst relied on an exclusion found in Compensation and Benefits Instruction (CBI) 205.42 that limited the payment of a PA when the posting is to the first place of duty where the member will be employed after re-enrolment or transfer to the Reg F. The same provision is found in the Canadian Forces Integrated Relocation Program (CF IRP).

There was no initial authority decision on this file.

The Board found that the CBI applied directly to the grievor’s situation and that he was not entitled to a PA on his first Reg F posting after his CT. However, the Board agreed with the grievor that the turbulence associated with his move was no different than that experienced by any other Canadian Forces (CF) member. As such, the Board found that it would be appropriate for the CF to make representations to ensure that members in the grievor’s situation are considered in the next policy review.

The Board recommended that the Chief of the Defence Staff (CDS) deny the grievance.

The Board also provided a systemic recommendation that the CDS direct the Director General Compensation and Benefits to conduct a review of the CBI and CF IRP provisions as they pertain to PA on CT or re-enrolment.

CDS Decision Summary

CDS Decision Date: 2011–09–07

The CDS agreed with the Board's findings and its recommendation that the grievance be denied. Since the grievor's move was indistinguishable from any member of the Reg F who is moved from one location to another without a break in full-time service, and that the turbulence associated with such moves would be identical, the CDS agreed with the Board's systemic recommendation that the Director General Compensation and Benefits (DGCB) conduct a review of the CBI and CF IRP provisions as they pertain to PA on CT or re-enrollment.