# 2011-038 Pay and Benefits, 30-Day Entitlement to Annual Leave and Past Reserve Force Service, Accumulated Leave Cash Out,...

Case Summary

F&R Date: 2011–05–31

The grievor had been a member of the Primary Reserve from 12 January 1972 to 25 August 1981 at which time he transferred to the Regular Force (Reg F). At the time of his release in 2010, an audit revealed that he had been credited an excess of 15 days leave due to an error in the determination of the date at which he became entitled to 30 days annual leave. The grievor was informed that the excess leave credits would be deducted from his balance at the time of release. The grievor submitted a grievance contending that his leave calculation was due to an administrative error and therefore his leave balance should not be reduced. He stated that he had clarified the issue with his unit clerk at the time he was awarded an additional five days leave and the latter had confirmed the entitlement. The grievor also indicated that his situation was similar to a case previously reviewed by the Board in which the Board had recommended in the grievor's favour. The grievor noted that no decision had yet been rendered in the case in question and requested that his grievance be stayed until a decision was rendered by the Chief of the Defence Staff (CDS).

The initial authority (IA) denied the grievance explaining that only continuous Reg F service could be considered in the calculation of the 28 years of service required for a Reg F member to become entitled to 30 days annual leave. In the grievor's case, the IA noted that the wrong date was recorded in the Human Resources Military System which resulted in the grievor being credited with 30 days annual leave commencing in the 2006/2007 leave year instead of the 2009/2010 leave year. Although the IA acknowledged that the grievor had demonstrated due diligence in verifying his entitlement, corrective measures had to be taken once the error was discovered. In the matter of the similar grievance mentioned by the grievor, the IA indicated that all cases are unique and considered on their own merits.

Based on the facts, the Board found it reasonable and appropriate for the Canadian Forces (CF) to impose a forfeiture of the 15 days of excess annual leave the grievor had received in error.

The Board added that whereas in the case cited by the grievor, the error occurred upon transfer to the Reg F when the grievor's initial leave entitlement had to be determined based on calculations and formulae to which the grievor was not privy, in the case at hand, there was no ambiguity - the regulations are clear in stating that a CF member is entitled to 30 days annual leave once he/she has completed 28 years of Reg F service. The grievor knew the exact date he joined the Reg F and therefore must have known when he would have completed 28 years of Reg F service.

The Board recommended that the CDS deny the grievance.

CDS Decision Summary

CDS Decision Date: 2012–02–24

The CDS agreed with the Board's findings and its recommendation that the grievance be denied. Regarding the question of Reserve service not qualifying for 30 days annual leave, the CDS recognized that the Board identified this systemic issue back in 2006. This topic has been recognized as an ongoing irritant, but DGCB is set to address it in the fall of 2012. However, the CDS disagreed with the Board to apply retroactively any policy change that may result.