# 2013-040 Pay and Benefits, Overpayment, Promissory Estoppel, Recovery of Overpayment/Debt Write-Off, Separation Expense (SE)

Case Summary

F&R Date: 2013–07–31

In his grievance, the grievor disputed the recovery of the separation expenses that were paid to him in error over a period of almost four years. The grievor said that he had obtained all the necessary authorizations and that he should not be held responsible for the administrative error. The grievor asked that his debt not be recovered by the Canadian Forces (CF). In the event that the redress sought is denied, the grievor asked that the amount of his debt be reduced.

The Director General Compensation and Benefits, acting as Initial Authority (IA), denied the grievance on the grounds that the grievor's situation did not meet the criteria set out in paragraph 209.997(2) of the Compensation and Benefits Instructions (CBI). First, the IA noted that the grievor had not been posted to a new “place of duty,” as defined in paragraph 209.80(3) of the CBI, during the first period applicable to his grievance. With respect to the second period, the IA noted that the grievor and his spouse had never lived together in the grievor's place of duty, a condition for entitlement explicitly set out in the CBI. The IA also said that the CF do not have the authority to erase a debt, even partially.

The Committee agreed with the IA, concluding that the grievor was not entitled to the separation expenses benefits during the two periods in dispute. However, applying the principle of promissory estoppel, the Committee recommended that the Chief of the Defence Staff (CDS) uphold the grievance and not require the repayment of the separation expenses. The Committee noted that the grievor had acted in good faith, to his detriment, on the basis of authorizations given by the CF. Alternatively, should the CDS not agree with the application of the promissory estoppel, the Committee recommended that the CDS partially uphold the grievance by exercising his discretion under the Queen's Regulations and Orders for the Canadian Forces, article 208.52, by ordering the remittance of charges for the grievor's rations and quarters for the periods during which he lived in single quarters .

CDS Decision Summary

CDS Decision Date: 2016–05–05

The CDS did not support the Committee's recommendations that the grievance be upheld on the basis of the promissory estoppel or, alternatively, that the grievance be partially upheld based on article 208.52 of the QR&Os governing the payment of rations and quarters. The CDS did determine, however, that the grievor's situation met the requirements for invoking the Minister's special authority under CBI 209.013(2) and accordingly requested that the amounts of SE expenditures recovered during the subsequent posting of the grievor be reimbursed to the later.