# 2012-053 Pay and Benefits, Granting of Special Leave (Relocation) to Reservists, Leave Entitlement, Recovery of Overpayment/Debt...

Case Summary

F&R Date: 2012–08–21

The grievor, a Reserve Force (Res F) member, was advised by his Commanding Officer (CO) that he had been wrongfully granted Special Leave (Relocation) while on two different periods of training in 2010 and that he was required to reimburse the amounts that he received. Therefore, the issue before the Board was whether the grievor was entitled to Special Leave (Relocation) and, if not, whether the recovery of the payment was warranted.

The initial authority in this matter, the Commander Naval Reserve, found that Naval Reserve Headquarters (NAVRESHQ) had misinterpreted the Canadian Forces (CF) Leave Policy Manual and had granted the Special Leave (Relocation) to the grievor in error. Although he found that the grievor was not to blame for the error, he concluded that the CF was obligated to recover the overpayment nonetheless. The grievor argued that it was unfair that the leave policy was reinterpreted after he completed his training and he suggested that the new interpretation was flawed. As redress, he sought reimbursement of the recovered funds and a review of the CF Leave Policy Manual.

The Board considered the applicable regulation and policy found in Queen's Regulations and Orders for the Canadian Forces (QR&O), Chapter 16, Section 2 – Long Leave, and in the CF Leave Policy Manual. The Board disagreed with the NAVRESHQ interpretation that Special Leave (Relocation) could not apply to Class A members proceeding on Class B service for employment or training such as the case of the grievor, finding that Res F members meeting the requirements of article 16.11 (b) of the QR&O were eligible for the benefits of Long Leave, including Special Leave (Relocation). The Board also concluded that where the provisions of article 16.11 (b) of the QR&O were met, Res F members would also need to meet the requirements of the CF Leave Policy Manual, Section 5.11, Special Leave (Relocation), which stipulate that the CO has the authority to grant such leave where a Res F member is away from home on duty for operations and training exercises as well as career courses or incremental taskings within or outside Canada for a period of 31 days or more.

The grievor served away from home on Class B service while attending career courses during two separate periods. The Board found that during the first period of Class B service the grievor did not meet the QR&O 16.11 threshold of 30 consecutive days required to be eligible for consideration of Long Leave, including Special Leave (Relocation). However, the second period of Class B service exceeded the minimum 30 consecutive days required by QR&O 16.11 and the 31 days stipulated by Section 5.11 of the CF Leave Policy Manual. Therefore, the Board found that the grievor's CO had the discretion to approve up to four days of Special Leave (Relocation) which he in fact did. The Board found that the CO's use of his discretion in this manner was reasonable.

The Board recommended that the Chief of the Defence Staff (CDS) partially uphold the grievance by granting the grievor four days of Special Leave (Relocation) for his second period of Class B service.

During the examination of this grievance, the Board observed some confusion between the QR&O, the CF Leave Policy Manual and the interpretation of NAVRESHQ regarding eligibility for and the use of Special Leave (Relocation).

Accordingly, the Board made a systemic recommendation to the CDS that he direct a review and amendment of the Special Leave (Relocation) portion of the CF Leave Policy Manual in order to:

• include mention of the requirement for Reservists to serve a minimum of 30 consecutive days of Class "B" or "C Reserve Service in order to be eligible for Long Leave/Special Leave (Relocation) in accordance with QR&O 16.11 (b);
• provide factors for consideration by COs to guide them in exercising their discretion to grant Special Leave (Relocation); and
• modify Table 2 of the CF Leave Manual to account for the eligibility difference between the Regular Force and the Res F.

The Board also recommended that the CDS direct an audit of all Reservists similarly affected by the NAVRESHQ misinterpretation of the Special Leave (Relocation) entitlement.

CDS Decision Summary

CDS Decision Date: 2013–04–19

The CDS partially agreed with the Board's recommendations. The CDS agreed with the Board's finding that the grievor could not receive the requested special leave because he was not on Class B for at least 30 consecutive days. However, relying on section 3 of QR&O Chap 16 and the CF Leave Policy Manual on short leave, the CDS found that it was within his ability to authorize the grievor's CO to grant him short leave to compensate him for the situation that occurred.

The CDS agreed with the Board's systemic recommendation that the wording used in the Special Leave Relocation portion of the CF Leave Policy Manual be reviewed, as well as the NAVRESGEN interpretation of the policy, since it contributes to the confusion with regard to a reservist's entitlement to Special Leave Relocation.